Generally, to be eligible to apply for an Immigrant Visa on the basis of a family member, the foreign citizen must be sponsored by a U.S. Citizen or a U.S. lawful permanent resident. Further, he/she must be the beneficiary of an approved I-130 petition filed by such US Citizen or lawful permanent resident, with the USCIS.
Following family based categories are available:
- Immediate Relatives of US Citizens
- Spouse or Fiancée of U. S. Citizen
- Spouses of Lawful Permanent Resident
A. Family Sponsored Preferences and Visa Numbers Available
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
First Preference (F2A): Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
Second Preference (F2B): Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23%
of the overall second preference limitation.
Third Preference (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth Preference (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
B. Fiancée Visas
K-1 Fiancé Visa Information: The K-1 Visa, also known as the K1 Fiancée Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. Minor children of fiancées can also accompany them to the United States as they can be issued K-2 Visas. The U.S. citizen must file a petition with the USCIS on behalf of the foreign fiancé. After the petition is approved, the fiancé can obtain a K-1 Fiancé Visa. The K-1 Visa is issued at a U.S. embassy or consulate abroad. The marriage must take place within 90 days of the fiancé entering the United States.
K-3 Marriage Visa Information: The K-3 Visa may be used by United States Citizens who wish to bring their husbands or wives to the United States. Minor children of overseas spouse can also accompany them to the United States as they can be issued K-4 Visas. The K-3/4 visa is valid for two years and may be renewed 120 days prior to expatriation.