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Family-Based and Fiance(e) Visas: An Overview
Though it can be a long and complicated process, one of the most straightforward ways to obtain a visa is sponsorship by a family member or fiance(e) who already lives legally in the United States.
May 21, 2010 /Employment - Careers PR News/ -- People of all ages and backgrounds acquire visas and immigrate to the United States every year to live, work, marry and pursue the American dream. Though it can often be a long and complicated process, one of the most straightforward ways to obtain a visa is sponsorship by a family member or fiance(e) who already lives legally in the United States.
Family-Based Visas
A family-based visa enables eligible family members of U.S. citizens and lawful permanent residents to reside temporarily in the United States. Before a family member can apply for a visa, however, a relative who is currently a U.S. citizen or lawful permanent resident must sponsor his or her alien relative by filing a petition with the U.S. Citizenship and Immigration Services (USCIS).
U.S. citizens, but not lawful permanent residents, may file "Immediate Relative" petitions on behalf of their alien spouses, unmarried children under the age of 21, parents over the age of 21 and orphans whom they plan to adopt.
U.S. citizens and lawful permanent residents may petition on behalf of certain classes of relatives in accordance with a preference system. The preference system offers a limited number of visas for the following classes of aspiring immigrants, according to the U.S. Department of State:
- First Preference: Unmarried children of U.S. citizens and their children
- Second Preference: Spouses, minor children and unmarried children over the age of 20 of lawful permanent residents
- Third Preference: Married children of U.S. citizens and their spouses and children
- Fourth Preference: Siblings of U.S. citizens and their spouses and children, provided that the citizens are at least 21-years-old
To sponsor a relative, U.S. citizens and lawful permanent residents must be at least 18 years old and be domiciled in the United States. Grandparents, aunts, uncles and cousins cannot sponsor relatives for immigration.
Generally, to apply for a family-based visa, the sponsor must file a separate Petition for Alien Relatives for each eligible family member with their local USCIS field office. The USCIS will process the petition as visa numbers become available. When a visa number becomes available, the eligible family member may apply for an immigrant visa or for status as a lawful permanent resident.
When applying for an immigrant visa, the eligible family member must submit information including a birth certificate, evidence of financial support, fees and proof of required vaccinations.
Fiance(e) Visas
A fiance(e) visa is a temporary permit that allows the fiance(e) of a U.S. citizen into the country for 90 days for the purpose of getting married. Until the marriage takes place, the foreign national fiance(e) is considered a nonimmigrant and is only temporarily allowed in the United States. If the foreign national wishes to remain in the United States after getting married, he or she must apply to become a permanent resident. If the foreign national does not intend to stay in the United States, he or she must leave the country within the 90 day period allowed by the visa.
Only U.S. citizens seeking to marry foreign nationals in the United States may apply for a fiance(e) visa. Both the citizen and foreign national must be free to marry and thus must be single, divorced or widowed. The petitioner must also have met his or her fiance(e) in person within two years prior to filing the visa petition unless such a meeting would have violated long-established customs or would have created an extreme hardship for the U.S. citizen. One may also petition for visas for the children a foreign national fiance(e), provided the children are unmarried and under the age of 21.
To apply for a fiance(e) visa, a citizen must file a petition with his or her local USCIS field office. When a petition is filed, the USCIS requires proof of U.S. citizenship and a color photo of the petitioner taken with his or her fiance(e) within 30 days of filing.
For Further Reference
The procedures involved in obtaining visas are complex and can be confusing. If you are interested in petitioning for a family or fiance(e) visa, please contact an experienced immigration attorney.
Article provided by Schunk Law Firm P.C.
Visit us at www.schunklaw.com
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