Family and fiance questions

Family and Fiance Questions

Frequently asked questions about immigration for fiances or family members.

When I was out of the country, I got engaged. Can I apply for my fiance? You may petition for your out-of-country fiance only if you are a U.S. citizen,.

How do I file for my fiance? To file for your fiance, you must file INS form I-129F. If your petition is approved, the INS will forward your petition to a United States consulate in the country where your fiance resides. If the US consulate finds that your fiance is admissible, he will be granted a K visa, entitling him to enter the United States for 90 days on a K visa.

How long is a K-visa valid? The K visa will be valid for 90 days, during which period you and your fiance must get married.

What if we don't get married during the 90-day period? If you do not get married with your fiance during this period, your fiance may become deported from the United States.

May my fiance's children obtain derivative status? Yes, provided you list them on the I-129 petition. Your fiance will obtain a K-1 visa; the children will receive K-2 visas.

My fiance tells me not to mention that he was previously married and that he has children. If you fail to list your fiance's former wife and children there may be serious negative consequences. Stick with the truth -- all of it.

Which form do I use to petition for out-of-country family members? INS form I-130.

I am a U.S. citizen. Which members of my family can I apply for? If you are an American citizen, you may apply for: Your spouse; Your children, whether married or single; and your siblings

If you are applying for your spouse and children under 21, there is no waiting period for visa numbers. They are considered immediate relatives of US citizens. As soon as the I-130 is approved, the petition will be sent to the United States consul
which will process the petition and ask you for further information, which will include evidence that you can financially support your family member.

If you are applying for children over 21, married children, or siblings, there will be a waiting period for visa numbers, which, in turn, depends upon the priority dates. Once visa numbers are current, the petition will be sent to the United States consul which will process the petition and ask you for further information, which will include evidence that you can financially support your family member.

Unmarried children over 21 are considered First Preference. Married children are considered Third Preference. Siblings are considered Fourth Preference. There may be a waiting period of between 10 - 20 years for a Fourth Preference Family Petition.

I am a green card holder. Which family members can I apply for? If you are a green card holder, you may apply for: Your spouse; Children under 21; and
Unmarried children over 21

There will be a waiting period for visa numbers, which, in turn, depends upon the priority dates.

These petitions are grouped under Second Preference Family Petitions. Once visa numbers are current, the petition will be sent to the United States consul which will process the petition and ask you for further information, which will include evidence that you can financially support your family member.

What about income requirements? Whether you are an American citizen or a green card holder, you will have to show that you have sufficient income to
support your family member.

Have there been any recent changes in the law I need to be aware of? Yes. Late in 2000, Congress passed numerous changes to the Immigration Laws which make it significantly easier to get green card status and which can help facilitate family petitions. Some of these changes, however, require timely action before April 30, 2001. For more information, contact Jack Herzig to schedule a consultation.

Remember, U.S. immigration law is complex. These answers cover general principles. You may need an attorney's expertise to succeed in your case. Consider contacting Jack Herzig, Esq. about your case.

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