The type of family visa for which you apply depends on your relationship with the U.S. citizen. If you want a successful visa application, you need to choose the right type of visa. Here’s an overview of the different visas:
This visa is appropriate for individuals who are engaged to a U.S. citizen. With this visa, the non-citizen can enter the country and marry the citizen.
There is one major requirement for this visa. The engaged couple must marry within 90 days from the time the citizen enters the country. After the marriage, the visa holder needs to apply for a green card, which gives them permanent resident status.
If you are a non-citizen and are already married to a U.S. citizen, you could apply for a K-3 visa. Also known as a spouse visa, this document allows you to enter the country to join your spouse. It’s a temporary visa that buys you time while you wait for approval of your I-130 Immigrant Petition.
You can apply for a visa if you are a spouse, unmarried child, or parent of an American citizen. Unlike some other types of visas, this one is not limited to a certain number of individuals.
With this type of visa, a relative of a green card holder can enter the country. Only the spouse and unmarried children of the individual can apply. However, this visa also applies to the family of U.S. citizens. The married children and siblings of U.S. citizens can enter the country on the family preference visa.
Unlike the Immediate Relative Visa, this one is limited. Therefore, many applicants must wait for approval of this visa application. You could wait months or years for approval. The length of the wait depends on your relationship with the citizen or green card holder.
If you are the unmarried son or daughter of a U.S. citizen and you are over 21, you are known as the first preference. Individuals who are unmarried, under 21, and the spouses or children of permanent residences are the second preference (F2). Meanwhile, individuals who are unmarried, over 21, and are the sons and daughters of permanent residents are another category of second preference (F2B preference).
The married sons and daughters of U.S. citizens are third preference or F3. Finally, the siblings of U.S. citizens who are over the age of 21 are fourth preference (F4).
Before you begin the application process, you need to choose the right visa. This could mean speaking to an immigration attorney. They can help you determine your eligibility for the visa.
After making the right choice, you need to coordinate with your relative. Your U.S. relative needs to be the one to file the immigration petition. If you want a K-1 visa, you need to have them file the Form I-129F. However, all other family visas require the Form I-130. Whatever visa you apply for, it’s crucial that the application includes your supporting documents.
That isn’t the extent of the paperwork. While your relative must submit your visa application to the USCIS, you need to submit forms to the Department of the State. You also need to schedule an interview with a U.S. embassy or consulate in your own country. If you are under 14 or over 79, you may not need the interview.
At the interview, you must provide several documents. For one, you need a valid passport that remains valid for a minimum of six months after you leave your country. You also need the confirmation page from your Non-immigrant Visa Application.
The interview is NOT free of charge. If you need to pay for it before the interview, you must bring your receipt. Additionally, you need all of the following:
In some cases, they may require other records. For instance, you might need residence records, criminal records, or evidence of your relationship with the U.S. relative.
The interview occurs in your own country at the U.S. consulate or embassy. During your interview, the officer will determine your eligibility. To do so, they will review your documentation and ask you questions about your history.
If approved, they may require you to pick up the visa at their office. They also may require you to pay a fee.
Although other types of visas often require extensions, the process isn’t common for most family visas. Typically, family visas are permanent visas that grant green cards.
There are some exceptions. If you apply for a K-3 or K-4 visa, the visa is only temporary. To extend this type of visa, you need to file a Form I-539. You can only do so if your application for the I-130 petition or a similar application is pending. If you haven’t yet filed your I-130, you may still be able to extend. However, you will need to have a good reason for failing to file the application sooner.
Another temporary family visa is the K-1. But these visas cannot be extended. This is because the visa requires you to apply for an adjustment of immigration status after you marry your spouse.
In 2017, 4,379,341 individuals in Florida were born in other countries. Between 2013 and 2017, about 52.9% of Florida’s population was foreign-born. There are many immigrants in the area, and many more to come.
If you need help through the process, contact us at the Florida Immigration Law Counsel. We can explain your options and help you get the results you want.
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Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.
As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family Visa, Work Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.
Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.
Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.
Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.
Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.
Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.
Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!