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PUBLIC BAR ASSOCIATION

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Family Immigration

Fiancé visas, sponsoring relatives, marriage-based green cards, and the I-130 process.

Family-based immigration is one of the primary ways people become permanent residents of the United States.

Who Can Sponsor Whom?

U.S. Citizens Can Petition For:

  • Spouse (Husband/Wife)
  • Children (Unmarried and under 21)
  • Sons and Daughters (Married or over 21)
  • Parents (If citizen is 21+)
  • Siblings (If citizen is 21+)
  • Fiancé(e) (K-1 Visa)

Green Card Holders Can Petition For:

  • Spouse (Husband/Wife)
  • Unmarried children under 21
  • Unmarried sons and daughters (any age)

Marriage-Based Green Cards

Concurrent Filing (Inside U.S.)

If the spouse entered legally, they may file Form I-130 and I-485 together to adjust status without leaving.

Consular Processing (Outside U.S.)

File I-130 first. Once approved and NVC processes it, the spouse interviews at a U.S. embassy abroad.

K-1 Fiancé Visa

Allows a fiancé(e) to enter the U.S. for 90 days to get married, then apply for a Green Card.

Financial Sponsorship (Form I-864)

Virtually all family-based immigrants must have a financial sponsor who signs an Affidavit of Support (Form I-864). The sponsor must show income at least 125% of the federal poverty guideline. This is a legally binding contract lasting until the immigrant becomes a citizen or works for 10 years.