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USA: Family Immigration

Process for Family Immigration

Helping a family member, whether it is your spouse, fiancé, child, parent, brother or sister immigrate to the United States, is a very complicated procedure and some guidelines need to be followed.  Your current Visa status will dictate the type of Visa your family members could be entitled to. 
Click here for a list of
Visa Options.

IMPORTANT:  YOUR RELATIVE MUST HAVE A VALID PASSPORT AND A TOURIST VISA OR BORDER CROSSING CARD


Spouse

If your spouse is living abroad, you can apply for a Petition for Alien Relative. 

For Courier Service:
USCIS
Attn: FBASI
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

For U.S. Postal Service:
USCIS
Attn: FBASI
P.O. Box 805887
Chicago, IL 60680-4120

 

General Tips on Assembling Applications for Mailing  

 


Fiancé

If your fiancé is living in Mexico and wishes to join you in the U.S. to be married and live in the U.S., you will need to apply for a Petition for Alien Fiancé


You and your fiancé have to follow several requirements in order to receive the Visa:

  • You must both be free to marry

  • You must have met your fiancé in person at least one time in the past two years.  You can prove this by dated pictures, airplane tickets, etc.  This can be waived if you can prove severe hardship of the reason who could not meet in the past two years, or meeting would have been against traditional or custom in your fiancé’s home country.

  • It is important to note that if your fiancé is given the Visa, you MUST get married within 90 days of his/her arrival to the U.S.  If this is not done the Visa will be cancelled.  This Visa cannot be extended. 

Fiancé living in Mexico will need to complete the following steps:

  • Proof of permission in English (by parents or legal guardian) to marry if your fiancé is under the age of 18

  • Apply for a Visa at the American Embassy or Consulate in their hometown

  • A copy of divorce decree, death certificate or annulment if either of you were previously married

U.S. Fiancé will need to complete the following steps:

  • Show proof of U.S. citizenship (e.g. birth certificate, naturalization papers)

  • Complete  Form I-129F

  •  Submit two (2) copies Form G-325A  
         o   Each person has to fill a Form G-325A

  • If your fiancé has unmarried children under the age of 21 they may accompany him/her.  A separate application has to be made for them.  See requirements under the child section.

  • A copy of divorce decree, death certificate or annulment if either of you were previously married.

  • A Money Order payable to the Department of Homeland Security in the amount of $455.00 U.S. dollars.  This fee can also be paid electronically through the Department of U.S. Citizenship and Immigration Services (USCIS) 

  • Filing can be done by mail with the USCIS  

For Courier Service:
USCIS
Attn: FBASI
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

For U.S. Postal Service:
USCIS
Attn: FBASI
P.O. Box 805887
Chicago, IL 60680-4120

 

General Tips on Assembling Applications for Mailing

 Child

You can apply to have your child come to the U.S. if you are a resident or a legal Visa holder as a spouse or a fiancé.
 

Your child can qualify for the K-4 Visa if he/she is:

  • Under 21

  • Unmarried

  • Is seeking to immigrate to the U.S.

     

If your child is granted the K-4 Visa (see requirements below) he or she may live in the U.S. while waiting for approval of an immigrant Visa.  This Visa is only valid for two (2) years.  At this time your child can’t change to any other immigrant status, break any laws or be barred by Immigration.


The following documents are required for the K4 Visa:


  • Original and two copies of the DS-156 application form

  • Two passport-sized, frontal view color photographs with a white background of the principal K-3 and K-4 Visa applicant

  • Local police certificates of the principal and K-4 Visa applicant

  • Birth certificates of the principal  and K-4 Visa applicant

  • Local marriage certificate of the principal applicant

  • Divorce or Death certificates of the principal  applicant

  • Form I-693 Medical report from an authorized physician 

           o  To find a designated civil surgeon in your area, you can call

The USCIS National Customer Service Center (NCSC) at 1-800-375-5283 and follow the instructions in the automated menu. Service is available in English and Spanish. A list of the designated civil surgeons in your area can also be generated by going to the civil surgeon page from the USCIS website and clicking on the Civil Surgeon Locator link.

  • Separate valid passports of the principal and K-4 Visa applicant

  • A fee of $355.00 U.S. dollars with a Money Order payable to the Department of Homeland Security.  This fee can also be done  electronically through the Department of U.S. Citizenship and Immigration Services

  • Filing can be done by mail with the U.S. Citizenship and Immigration Services (USCIS) 

For Courier Service:
USCIS
Attn: FBASI
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

For U.S. Postal Service:
USCIS
Attn: FBASI
P.O. Box 805887
Chicago, IL 60680-4120


General Tips on Assembling Applications for Mailing

 Parents

You may only be able to bring your parents if you are:

For Courier Service:
USCIS
Attn: FBASI
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

For U.S. Postal Service:
U.S.CIS
Attn: FBASI
P.O. Box 805887
Chicago, IL 60680-4120

 General Tips on Assembling Applications for Mailing

 Brothers and Sisters

You may only be able to bring your brother/sister if you are:

  • At least 21 years old

  • A U.S. citizen. A legal resident can’t apply for his/her parents to immigrate

  • Must have prove that you are the legitimate brother/sister (e.g. birth certificate)

  • Must fill application for a I-130 Visa 

  • A fee of $455.00 U.S. dollars with a Money Order payable to the Department of Homeland Security.  This fee can also be done  electronically through the Department of U.S. Citizenship and Immigration Services

  • Filing must be done by mail with the U.S. Citizenship and Immigration Services (USCIS)   

For Courier Service:
USCIS
Attn: FBASI
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

For U.S. Postal Service:
U.S.CIS
Attn: FBASI
P.O. Box 805887
Chicago, IL 60680-4120

 

General Tips on Assembling Applications for Mailing

 

Visa Options 

F-2 Visa

This Visa is a non-immigrant, temporary visa that authorizes the spouse and children of an individual holding an F-1 Visa to visit the United States.  F-2 Visa holders are permitted in the United States to accompany or visit the foreign student holding an F-1 Visa in the U.S. as long as the F-1 Visa holder’s status is valid.  As long as an F1 visa holder continues to adhere to the laws, than an F2 dependent visa holder can remain in the United States as long as an F1 visa holder remains here. There are a couple of privileges held by an F2 visa holder.   One can accompany their spouse on the trip or they could arrive at a later date or the F2 visa holder can travel in or out of the country or may remain in the country continuously as long as the person's status is valid. On the other hand, persons holding an F-2 visa are not permitted accept any employment while in the country. In order to accept employment, he/she must obtain a work visa. It is a temporary approval to be employed and live in the country. Any F-2 visa holder who accepts employment without the proper visa may be expelled. F-2 visa holders that are children are allowed to receive education from elementary up until twelfth grade for their studies. On the other hand, an F-2 spouse may not attend any university classes or courses toward any degree program.

Related Forms: I-20 A-B (Institution Specific Form), DS-156, DS-157, DS-158

 


 
K-2 Visa

This visa is for children under the age of 21 of a K-1 Visa holder seeking to immigrate to the U.S.


Related Forms:
I-134, DS-156, DS-157

 


 K-3 Visa

This visa is a non-immigrant visa which allows foreign spouses of U. S. citizens to enter the U.S. to wait for an immigrant visa.  You may study with this visa.  You may work with this visa, you must apply for authorization.


Related Forms: 
I-130, I-129F


 K-4 Visa

This visa is a non-immigrant visa that allows unmarried children of a K-3 Visa holder who are under the age of 21 to enter the U.S. while waiting for an immigrant visa. You may study and work with this visa.

Related Forms: 
I-130, I-129F


 K-1 Visa 

This visa is for Foreign Fiancés or Fiancées who wants to get married to an American citizen and permanently reside in the U.S.  The K-1 Visa holder must get married within 90 days from the time the Fiancé(e) entered the U.S.  You may study and work with this visa.

Related Forms I-129F   


 L-2 Visa

This visa allows spouses and children of an L-1 Visa holder to enter the U. S. as long as L-1 visa holder status is valid.  You may study with this visa.  You may work with this visa with proper authorization.

Related Forms:
DS-156, DS-157


 

M-2 Visa

This visa is a non-immigrant visa for dependents such as the spouse and children of an M-2 Visa holder. M-2 Visa holders are allowed to enter the U. S as long as the M-1 Visa holder’s status is valid.  A spouse is not permitted to study under this visa. A child may attend school full time.  You are not permitted to work with this visa.

Related Forms:
DS-156, DS-157, DS-158


 

N-8 Visa

This visa is for parents of special immigrants on a SN-3 immigrant visa.

Related Forms: DS-156, DS-157


 

N-9 Visa

This visa is for children of special immigrants on N-8 visa.

Related Forms: DS-156, DS-157


 

O-3 Visa

This visa is a non-immigrant visa that allows the spouse and unmarried children of an O-1 and O-2 Visa holder who are under the age of 21 enter the U.S. and reside with the family.

Related Forms:
DS-156, DS-157

 


 

P-4 Visa

This visa is for spouses and children of the one holding a P-1, P-2 or P-3 visa.  P-4 visa holders are permitted in the United States to accompany or visit the principal visa holder, as long as the P-1, P-2 or P-3 visa holder status is valid.

Related Forms:
 DS-156


 

Q-3 Visa

This visa is for spouses and children of the principal holder of a Q-1 or a Q-2 visa.  Q-3 visa holders are permitted in the United States to accompany or visit the principal visa holder, as long as the Q-1, or Q-2 visa holder status is valid.

Related Forms: DS-156, DS-157


 

R-2 Visa

This visa is for spouses and children of the principal holder of R-1 visa.  R-2 visa holders are permitted in the United States to accompany or visit the principal visa holder, as long as the R-1 visa holder status is valid.

Related Forms:
DS-156, DS-157


 

TD Visa

This visa is for the spouses and children of the principal holder of a TN visa.  TD visa holders are permitted in the United States to accompany or visit the principal visa holder, as long as the TN visa holder status is valid.

Related Forms:
DS-156, DS-157


 

V-1 Visa

This visa is for the spouses of Green Card holders on a waiting period of at least 3 years to immigrate to the U. S.

Related Forms:
I-539, DS-156, DS-3052


 

V-2 Visa

This visa is for the children of Green Card holders on a waiting period of at least 3 years to immigrate to the U. S.

Related Forms:
I-539, I-693, DS-3052


 

V-3 Visa

This visa is for the children of V-1 or V-2 visa holders.

Related Forms:
DS-3052


 

Brother and Sister of U. S. Citizen

If you are an American citizen you can petition for your brother or sister to permanently live in the U. S. The petitioner must be at least 21 years of age.

Related Forms: 
I-130, G-325A, I-131, I-485, I-765


 

Parent or Children of U. S. Citizen

If you are an American citizen you can petition for your parent(s) or unmarried children under the age of 21 to permanently live in the U. S. The petitioner must be at least 21 years of age.

Related Forms:
I-130, G-325A, I-131, I-485, I-765


 

Spouse and Children of Green Card Holder

If you are the mother of an unmarried minor or of an unmarried son or daughter and you are a permanent resident of the U. S.

Related Forms:
I-130, G-325A, I-131, I-485, I-765


 

 J-2 Dependent Visa

This Visa is a non-immigrant visa for dependents such as the spouse and children of a J-1 Visa holder. J-2 Visa holders are allowed to enter the U. S. as long as the J-1 Visa holder’s status is valid. You may study and work with this visa.

Related Forms: DS-156, DS-157, DS-158,  I-765 

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