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Family Related Nonimmigrant Visas Family & Children

Fiance & Fiancee of U.S. Citizen

The fiance or fiancee of a U.S. Citizen may enter the U.S. in K-1 status if they satisfy the following criteria:

  • Fiance or Fiancee of U.S. Citizen
  • Seeking admission solely to marry the U.S. Citizen
  • Will marry within 90 days of admission

An unmarried child of the fiance or fiancee is eligible for admission as a K-2 nonimmigrant.

Spouse of U.S. Citizen

The spouse of a U.S. Citizen may enter the U.S. in K-3 status if they satisfy the following criteria:

  • Valid marriage to a U.S. Citizen
  • U.S. Citizen has filed an I-130 the foreign national’s behalf
  • Foreign national is entering the U.S. to await approval

An unmarried child of the K-3 spouse is eligible for admission as a K-4 nonimmigrant.

Spouse of a U.S. Legal Permanent Resident

The spouse of a U.S. Legal Permanent Resident (LPR) may enter the U.S. in V-1 status if they satisfy the following criteria:

  • LPR filed an I-130 Petition prior to December 21, 2000
  • Petition is pending for 3 years or greater or Three (or more) years have passed since petition approval and the spouse has been unable to complete the green card process (either for lack of a visa or the final IV or AOS petition remains pending).

An unmarried child of the V-1 spouse and dependent child of the LPR are eligible for admission as a V-2 nonimmigrant.


Family Related Immigrant (Green Card) Categories

Immediate Relative of a U.S. Citizen

Immediate Relatives of U.S. Citizens are eligible for Legal Permanent Resident Status. Immediate Relatives of U.S. citizens are not subject to an annual cap. The term Immediate Relative includes the following:

  • Spouses
  • Children
  • Parents

In the case of a petition filed on behalf of a parent of a U.S. citizen, the U.S. citizen must be 21 years of age or older.

Other Family Based Immigrant Visa Categories

There are a limited number of Immigrant Visas available annually to persons who fall into the following categories:

First: Unmarried Sons and Daughters of U.S. Citizens
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents
Third: Married Sons and Daughters of U.S. Citizens
Fourth: Brothers and Sisters of Adult Citizens