3. What do I need to get a Family Visa?
Fiancèe Visa (K1)
Applicants must prove they have met "in person" within the past 2 years using documents such as visa stamps, airline tickets and/or photos together.
US sponsors must prove you can support your fiancèe above the US poverty line, which is US $17,170 of income per year for a 2 person household.
K1 visa applications normally take 6 months or more to process depending on the caseload of the USCIS and the US Embassy in the country of residence.
Spouse Visa (K3)
Applicants should apply for a K3 spouse visa if the sponsoring spouse resides in the US.
US sponsors must prove you can support your spouse above the US poverty line, which is US $17,170 of income per year for a 2 person household.
K3 visa applications normally take 8 months or more to process depending on the caseload of USCIS and the US Embassy in the country of residence.
Spouse Visa (IR-1 / CR-1)
An IR-1 spouse visa is for a spouse of a US citizen that has been married to the US citizen for 2 years or more. A CR-1 spouse visa is for a spouse of a US citizen that has been married to the US citizen for less than 2 years.
US sponsors must prove you have been working or residing legally in your foreign country of residence for 1 year or more and can support your spouse above the US poverty line, which is US $17,170 of income per year for a 2 person household.
If applicants qualify for an IR-1 / CR-1 spouse visa, the application can be processed through a USCIS overseas office, which normally processes the visa application much faster than the USCIS offices located in the US.
IR-1 / CR-1 visa applications normally take 3 - 4 months to process depending on the caseload of USCIS and US Embassy in the country of residence.
Child Visa (K2, K4, IR3 / CR3)
Children under 21 years of age may apply for a K2, K3 or IR3 / CR3 child visa to travel to the US to live with their parent(s) who has custody or permission from the other parent to take the child to live in the US.
US sponsors must prove you can support your fiancée and child above the US poverty line, which is US $21,463 of income per year for a 3 person household.
K2, K4, IR3 / CR3 visa applications are filed concurrently with the visa applications of their parent(s) and therefore the applications normally take the same amount of time to process as the visa application of the parent(s).
Parent Visa (IR4)
An IR4 parent visa is for the parents of a US citizen over the age of 21 years old.
IR4 visa applications normally take 6 months or more to process depending on the caseload of USCIS and US Embassy in the country of residence.
Returning Resident Visa (SB1)
A permanent resident alien returning to the US from a visit abroad of less than a year, may apply for readmission by presenting their greencard to the immigration authorities at a port of entry.
A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, make an Application for Travel Document for a Reentry Permit with USCIS.
This reentry permit is valid for two years and may not be extended.
Permanent resident aliens who are unable to return to the US within the travel validity period of their greencard (less than one year), or their reentry permit, may apply for a special immigrant Returning Resident SB-1 visa.
To qualify as a returning resident, you must prove the following:
- You were a lawful permanent resident when you departed the United States;
- When you departed you intended to return to the USA and have maintained this intent;
- You are returning from a temporary visit abroad and if the stay was protracted, it was caused by reasons beyond your control and for which you were not responsible; and
- You are eligible for the immigrant visa in all other respects.
SB1 visa applications normally take 2 months or more to process depending on the caseload of US Embassy in the country of residence.
Adoption Visa
A child adopted by a U.S. citizen and who will reside in the US must obtain an immigrant visa before he or she can enter the US.
The first category allows a child adopted by an American citizen before they reached the age of 16 who has already resided with the adoptive parent in their legal custody for two years, to immigrate to the United States.
The second category allows an “orphan,” as defined by US law and regulations, to immigrate.
Since most parents adopting overseas do not meet the custody and residence requirements of, the focus is whether the child is an orphan.
The child must be under the age of 16 at the time the petition is filed with the USCIS.
Please note a child adopted at age 16 or 17 will also qualify, provided he or she is a natural sibling of a child adopted, or who will be adopted, under the age of 16 by the same adopting parents.
Adoption visa applications normally take 6 months or more to process depending on the caseload of USCIS and US Embassy in the country of residence. |
