Bringing your family to the United States
United States citizens and lawful permanent residents can petition for certain family members. Which relatives qualify, and how long the wait is, depends on your status and your relationship.
Immediate relatives of U.S. citizens
Spouses, unmarried children under 21, and parents of adult U.S. citizens are treated as immediate relatives. There is no annual cap on these visas, which generally means a shorter wait than other categories.
Family preference categories
Other relationships fall into preference categories with annual limits: adult children of citizens, spouses and unmarried children of permanent residents, and siblings of citizens. These categories have waiting lists, and the wait can be years. The State Department publishes a monthly bulletin showing where each category stands.
Fiancé visas
A U.S. citizen may petition for a fiancé abroad on a K-1 visa. The requirements include that both people are free to marry, that you intend to marry within 90 days of their arrival, and that you have met in person within the two years before filing. That in-person requirement can be waived in narrow circumstances, such as where meeting would violate long-established custom or cause extreme hardship.
The 90 day deadline is real. If the marriage does not happen within it, the fiancé falls out of status.
Whether to file a fiancé petition or marry first
This comes up constantly and there is no universal right answer. It depends on where each of you is, how quickly you need to be together, what each route costs in time, and what is in either person's immigration history. We will walk you through the tradeoff.
Talk with us about your situation
Immigration cases turn on details that are hard to assess on your own. A consultation will help you understand what you need to do to protect your rights.
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The information on this page is general and is not legal advice. Immigration law changes frequently, and how it applies depends on the specific facts of your case. Reading this page does not create an attorney-client relationship.