Immigration Information

Family Preference Visa

美國父母與配偶簽證

Family Preference Visa

 

Spouse Immigration

You do not need to apply for a fiancé spouse visa if you

  • Intends to marry a foreigner (other than an American), or
  • Your unmarried spouse is already legally residing in the United States.

 

Eligibility requirements must be met:

  • The green card applicant is a U.S. citizen.
  • The unmarried spouse of the green card applicant marries within 90 days of entering the United States.
  • The green card applicant and the green card applicant's unmarried spouse are free to marry, and any previous marriage must be legally terminated by divorce, death or annulment.

 

 Once an unmarried spouse visa (or K-1 nonimmigrant visa) is issued, your unmarried spouse will be allowed to enter the U.S. within 90 days to consummate the marriage.

After the marriage, your spouse may apply for permanent residence and remain in the United States while the USCIS processes the application.

 

Children of unmarried spouses:

If the unmarried spouse of a green card applicant has children (under 21 and unmarried)> may apply for a K 2 nonimmigrant visa.

 

Work permit:

Immediately upon entry, your unmarried spouse may apply for a work authorisation. Work authorisation based on a non-immigrant unmarried couple visa is valid for 90 days. If your fiancé is eligible to apply for an extension of the work authorisation, he or she can apply for permanent residence at the same time.

 

What happens if we don't get married within 90 days? 

It will automatically expire and cannot be extended. The green card applicant's unmarried spouse should leave the United States at the end of the 90 days.

Overstaying by the green card applicant's unmarried spouse is a violation of U.S. immigration law and may result in deportation and/or affect eligibility for future U.S. immigration benefits.

 

Green Card for Immediate Relatives of U.S. Citizens

In order to promote family unity, immigration law permits United States citizens to petition a number of eligible relatives to come to the United States for permanent residence.

Eligible immediate family members include those who are United States citizens:

 

Spouse :

  • Unmarried children under 21 years of age
  • Parents (if U.S. citizen is 21 or older)

Immediate family members have special immigration priority and are not required to wait for a visa number to immigrate; there is no cap on the number of visas in this particular category.

 

Obtaining a Green Card from a Country Other Than the United States

If the green card applicant is currently outside of the United States and is an immediate family member of a U.S. citizen, he or she may become a permanent resident through consular processing. The visa can then be used to formally become a permanent resident upon entry into a U.S. port of entry.

 

The Department of State will issue a notice when an immigrant visa application is eligible. If it is not possible to apply for an immigrant visa within one year of the State Department's notification, the application may be terminated.

 

At least 21 years of age:

When an immediate family child of a U.S. citizen reaches the age of 21, he or she normally becomes a ‘first preference’ U.S. citizen (F1) class child (over 21) and will no longer have an immediately available visa. This change could result in significant delays in visa processing due to waiting lists for immigrant visa vacancies.

 

Law on the Protection of the Child's Identity

Under certain circumstances, the Child Protective Services Act (CSPA) allows you to retain ‘child’ status even if you are 21 years old. Generally, your age is ‘frozen’ as of the date your U.S. citizen parent files the petition. To determine if the CSPA applies to you, see the Child Protection Act page.

 

Get married

If a direct relative son or daughter marries at age 21, he or she is no longer classified as an ‘immediate relative’ and will become a ‘third preference’ (F3) Marriage category son or daughter is a U.S. citizen and a visa will no longer be immediately available. We must be notified of any change in marital status after the application is filed and before becoming a permanent resident or obtaining an immigrant visa.

 

U.S. Green Card for Family Members of Permanent Residents

In order to promote family unity, immigration law allows permanent residents of the United States (green card holders) to apply for a number of eligible relatives to come to the United States for permanent residence. Permanent residents may apply for their spouses and their unmarried children of any age to immigrate to the United States.

 

Because Congress limits the number of immigrant relatives that can be admitted each year under these categories, there is usually a waiting list for immigrant visa numbers. If your family ties qualify you as a U.S. permanent resident relative, you are in the ‘family preference category’.

 

If you are currently outside of the United States and qualify for the Permanent Resident Designated Relative category, you may become a permanent resident through consular processing. During this process the U.S. Department of State will issue you a visa. If approved, you can use this visa to officially become a permanent resident at the point of entry into the United States.


21 years of age or older

If you are an unmarried child of a permanent resident, turning 21 may delay the process of becoming a permanent resident or obtaining an immigrant visa. You will lose your status as an ‘unmarried child of a lawful permanent resident’ (F2A) and will be converted to the category of ‘unmarried son or daughter of a lawful permanent resident’ (F2B). This category change may result in a significant delay in obtaining your immigrant visa.

 

Get married

If you are the unmarried son or daughter of a permanent resident who married before becoming a permanent resident, you will no longer be eligible for permanent residence through a member of your permanent resident's family; as there is no visa category for married children of permanent residents.

 

Attention:

  1. You must notify us of any change in marital status after filing your green card application, and before becoming a permanent resident or obtaining an immigrant visa.
  2. If the foreign national you intend to marry is outside the U.S. or the fiancé is already legally residing in the U.S., you do not need documentation for a fiancé visa.

 

Family-Based Immigration

Under the U.S. Immigration and Nationality Act (INA), there are two separate groups of family-based immigrant visa categories, including the immediate relative and family preference categories.

 

Immigrant Visa for Immediate Relatives (Unlimited):

These visa types are based on a close family relationship with a U.S. citizen and are called the Immediate Relative (IR) category. There is no annual limit on the number of visas in this immigrant category, and the visa types for immediate relatives include:

  • IR-1:美国公民的配偶
  • IR-2:美国公民未满21岁的未婚子女
  • IR-3:美国公民在国外领养的孤儿
  • IR-4:在美国受美国公民领养的孤儿

 

家庭优先移民签证(限量)

这些签证类型是对美国公民与和合法永久居民(LPR),某些特定和较疏远家庭成员而设。有关于家庭优先移民年度数值限度,在每个类别的末端所示。家庭优先类别有:

  • 家庭第一优先(F1):美国公民的未婚儿女,或其未成年子女,如适用。 (23,400)
  • 家庭第二优先(F2):合法永久居民的配偶,未成年子女和未婚子女(21岁以上)。这类此    签证至少百分之七十七提供给配偶和子女;其余的分配给未婚的儿女。 (114200)
  • 家庭第三优先(F3):美国公民的已婚儿子和女儿,他们的配偶和未成年子女。 (23,400)
  • 家庭第四优先(F4):美国公民的兄弟姐妹,和他们的配偶及未成年子女。提供担保的美国公民需年满21岁。 (65,000)

 

**祖父母、姨姑母、叔伯、岳父母和表兄弟不能担保移民的亲戚。


友诚国际有超过十年移民留学经验,国际团队超过五十人,包括专业移民律师、< /span>

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