Family-based visas are given to individuals who have a close family relationship to a U.S. Citizen or permanent resident. Unless an individual is an immediate relative (spouse, parent, or child (under 21), he/she is subject to an annual numerical quota limitation under visa issuance guidelines. The total number of visas available for non-immediate relative family-sponsored immigrants is 480,000 annually. When the quota numbers are oversubscribed for any year, the foreign relative must wait until the next fiscal year (October 1) until the visa waiting list for their visa category becomes current before they can determine whether they have become eligible under that visa category.
Immediate Relative:
Spouse, minor child (under 21), or parent of a US Citizen are not subject to quota listed above. This category has an unlimited amount of visas annualy available and can be utilized by a U.S. Citizen who can meet the residency and financial requirements for sponsorship. There are several methods for filing this type of visa and each case should be reviewed on an individual basis for the best legal strategy.
K-1 Fiancé(e) Visa:
A U.S. citizen with an overseas fiancé(e) may be able to bring his/her fiancé(e) to the U.S. prior to getting married. The sponsor and his/her fiancé(e) must show proof that they have met in person at least once prior to the fiancé(e)’s arrival in the U.S. The petition is processed initially with the appropriate U.S. Citizenship and Immigration Services (USCIS) Service Center with final processing completed at the U.S. Embassy/Consulate abroad where the fiancé(e) appears for an interview with the Consular officer.
Once the fiancé(e) arrives in the United States, the couple MUST marry within 90 days of entry, otherwise the fiancé(e) has violated his/her nonimmigrant visa status. K-1 visa cannot be extended or re-generated without fiancé(e)’s return abroad.
NOTICE: The information contained on this site is intended to educate the general public and is not intended to provide legal advice. To ensure proper handling of your individual situation, please contact Attorney Starchak at info@starchaklawfirm.com or call (720) 282-9654.