How do I Become Eligible for a K-1 Visa?
If you are a foreign national and your fiancé is a US citizen, then you may be eligible for a K-1 Visa. A K-1 Visa is a nonimmigrant visa which allows a U.S. citizen’s fiancé to enter the U.S. to get married. Once married in the U.S., they can apply for a marriage-based green card.
Let’s look more deeply into eligibility for a K-1 visas.
How Do I Qualify for a K-1 Visa
You may qualify for a K-1 visa if you are a foreign national who resides outside of the United States, you are legally free to marry, you have met your U.S. citizen partner in person within the past two years, and you are not subject to any ground of inadmissibility for the visa, for example due to past criminal history. Your U.S. citizen fiancé must be able to prove that he or she will be able to support you financially in the U.S.
K1 Visa Eligibility and Requirements
In general, to receive a K-1 fiancé visa, the following must be true:
· Your fiancé be a U.S. citizen and able to provide one of the following documents:
o A current and valid US passport
o A U.S. birth certificate
o A Certificate of Naturalization or Certificate of Citizenship
o A Consular Report of Birth Abroad (CRBA)
· You and your fiancé must be planning to marry within 90 days of arrival in the United States
· You and your fiancé must be legally free to marry in the United States any previous marriages must have been legally terminated by divorce, death, or annulment. You can show proof by submitting any of the following documents:
o A divorce decree
o An Annulment order
o A Death certificate.
· You and your fiancé have met at least once in person within the two-year period before filing with the K-1 visa application. A waiver is available and can be requested if meeting in person violates religious or cultural practices or causes extreme hardship.
· You can prove that your relationship is legitimate and can provide evidence from the beginning of your relationship through your engagement.
· Your fiancé meets the income requirements to serve as your financial sponsor
Contact Hurtubise Weber Law
If you are seeking a K-1 visa, schedule a consultation with Hurtubise Weber Law.
Can a U.S. Citizen Sponsor a Sibling for a Green Card?
Can I Sponsor my Sibling for a U.S. green card?
You must be a United States citizen and at least 21 years of age in order to sponsor a sibling for permanent residency in the U.S. U.S. permanent residents (green card holders) are not eligible to sponsor siblings for green cards. Siblings are the lowest preference category on the list for visa approval, so applying for a sibling to get a green card in the United States can take an extended period of time. Eligible siblings may be:
Any age
Full or half-siblings
Adopted siblings or step-siblings, in certain circumstances
What Is Required?
The following documentation is among that required to sponsor a sibling for a green card:
Proof of the sponsor’s status as a U.S. citizen
Proof of the sibling relationship, which may include birth records, adoption decrees, marriage certificates, and divorce judgments
Proof of any legal name changes
In some cases, secondary documentation and affidavits are required to confirm a sibling relationship.
Process to Sponsor a Sibling for a Green Card
The first step in the sibling sponsorship process is to submit an I-130 Petition for Alien Relative, asking the U.S. government to recognize the sibling relationship. This petition can take many years, or even decades, to be approved. Once this petition is approved, and a green card is available based on the sibling’s priority date, the next step is for the sibling to apply for an immigrant visa (if they are residing abroad at that time) or for adjustment of status (if they are lawfully residing in the U.S. at that time and meet eligibility requirements).
Cost of Sponsoring a Sibling for a Green Card
The current government filing fee for the I-130 Petition for Alien Relative is $535. The current government filing fees for the green card application range from around $800 to $1225. These fees are expected to increase soon. The sibling will also required to complete a medical exam with a special doctor appointed by the government. The fee for this exam varies but is currently generally $200 to $500. Legal fees also vary based on specific details.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can a green card holder petition for a green card for parents?
Bringing Foreign Parents to the United States
Many immigrants coming to the United States to live come to bring their extended family with them. This frequently includes parents. Adult children who have moved to the United States commonly wish to bring their parents to live with them so that they can be close to them and care for them as they age. Parents also like to be close to extended family, including grandchildren. This can be a complicated process, but it is possible. If you are a permanent resident of the United States, meaning you hold a green card to legally live and work in the United States, you cannot legally sponsor your parents for their own green card. This is why applying for citizenship is essential if you wish to bring extended family members to live with you in the United States.
Citizenship: The First Step
If you are a permanent resident with a green card, your first step towards sponsoring parent or for a green card is to become a U.S. citizen. The process of becoming a U.S. citizen is called naturalization. Once you have held permanent residency in the U.S. for a period of five years, or less in certain circumstances, then you may become eligible to apply for U.S. citizenship. In general, with some exceptions, the requirements for naturalization include:
Proof of residence in the U.S. as a permanent resident for at least 5 years, with no trips outside of the U.S. lasting 6 months or more
Proof of physical presence in the U.S. for at least half of the 5 years preceding the filing of the application
Proof of residence in the state in which you are applying for at least 3 months preceding the filing of the application
Reasonable proficiency in the English language
Proof of good moral character during the 5 year period preceding the filing of the application
Not being subject to any bar to naturalization
Once you become a citizen, you will be allowed to vote, obtain a U.S. Passport, and help family members to immigrate to the United States, and you will no longer be required to renew your green card.
Applying for Citizenship
It is important to consult with an immigration lawyer to ensure that you meet the above requirements. If you do, then, your next steps generally include:
Filing form N-400 Application for Naturalization, with supporting documentation
Completing a biometrics appointment for background checks
Completing a naturalization interview before an immigration officer, during which you will need to pass a U.S. government and history exam
Taking an oath ceremony to officially become a U.S. citizen
Once you have successfully completed the process to become a U.S. citizen, you can begin the process of sponsoring your parents for their green cards.
Sponsorship
Parents of U.S. citizens are considered immediate relatives. This is good news because immediate relatives of U.S. citizens are not limited in the number of visas that can be awarded each year. Once you take the oath ceremony and officially become a U.S. citizen, then you are ready to begin the process of sponsoring a parent for a green card.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can My Relative Sponsor Me for a Green Card?
Who Can Sponsor a Relative for a Green Card?
If you are a permanent resident (green card holder) or a U.S. citizen, you can potentially sponsor a relative for a green card. However, which relatives you can sponsor depends on your own status. For example, you can only sponsor a spouse or an unmarried child if you are a permanent resident. In order to sponsor other family members, such as a parent or sibling, you must be a U.S. citizen. Immediate family members qualify for priority status, meaning that the number of visas issued to immediate relatives each year is not limited. If your family member is not considered an immediate relative, they may still qualify for family preference in a prioritized order. Qualifications to sponsor a relative for a green card generally include:
Being a U.S. citizen or permanent resident
Being at least 21 years of age
Being eligible to financially support the sponsored family member
Which Family Members Can Be Sponsored?
If you are a permanent resident, then you can sponsor:
Your spouse
Your Unmarried children
If you are a U.S. citizen age 18 or above, then you can sponsor:
Your spouse
Your minor, unmarried children
If you are a U.S. citizen age 21 or above, then you can sponsor:
Your spouse
Your parents
Your minor, unmarried children
Your Married or adult children, including their families
Your Siblings
Can I Sponsor Another Relative or a Non-Relative?
Unfortunately, there is no category for an individual to sponsor another relative like an aunt, uncle, or cousin for a green card. In general, individuals also cannot petition to sponsor a non-relative. This does not mean that you cannot assist an extended family members or friends in obtaining a green card. If you are a U.S. citizen, you can file an Affidavit of Support to financially support your friend or extended family member as a part of their application. There are a number of responsibilities that accompany providing an Affidavit of Support for an immigrant, so it is important to consult with an immigration lawyer before moving forward.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
How Long Does It Take for a U.S. Citizen to Sponsor a Brother?
Sponsoring a Sibling
If you are a United States citizen and your sibling is not, you can sponsor them for a green card so that they can come to the United States as a permanent resident. In order to sponsor a sibling , you must be 21 years of age and a United States citizen. Permanent residents (current green card holders) cannot sponsor siblings for permanent residency.
How Long Does It Take to Get an Immigrant Visa?
The amount of time it takes to get an immigrant visa approved can depend on several different factors. Siblings fall under the “F4” family-sponsored preference category, and they typically wait the longest for approval versus other categories. The date that the first form, the I-130 Petition for Alien Relative, is filed with the United States Citizenship and Immigration Services (USCIS) becomes the “priority date.” Applications are handled by preference category in the order of priority date. Once the allotted number of available visas are issued in a year, no more visas will be issued for that year. A sibling petition can take decades to become “current” - the point where a green card is available for the sibling.
Steps of the Process
Standard steps in the sibling sponsorship process include:
Submitting form I-130 and awaiting a receipt notice
Waiting for USCIS to adjudicate the petition (this can take a decade or more)
Waiting for the case to be transferred to the National Visa Center, where the green card documentation will need to be submitted
Waiting for the priority date to become current so that an interview can be scheduled at a U.S. consulate (this may happen quickly or may take another decade or more)
Completing the interview at the U.S. consulate
Understanding the steps of the process and how it works in terms of priority and paperwork can help alleviate some of the stress of waiting for approval for a green card.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
