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Bringing a Family Member to the United States, to Stay

November 16, 2011 by Thomas Geygan

Under section 201 of the Immigration and Nationality Act (INA), there is a minimum number of annual family-sponsored visas (226,000 family member visas.)  You can bring a family member to the United States; and, when your family member attains a Green Card, he or she has many rights.  Your loved one can enter, re-enter after a relatively brief absence, work, study, and travel in the United States.

We commonly help people bring fiancés/ fiancées, spouses, children, children of spouses, parents, and siblings to the United States by filing a K visa and by filing form I-130 and waiting for its determination.  A K-1 visa is appropriate for fiancés/ fiancées; a K-3 visa is appropriate for a spouse; a K-4 visa is appropriate for the children of spouses.  For siblings and parents, the form I-130 is appropriate.

The processes for bringing fiancé/ fiancée to the United States on a K-1 visa are similar to bringing a spouse, spouse’s children, or your children to the United States.  You must:

  • ·         Be a United States citizen
  • ·         Meet or exceed certain income criteria (125% of the national poverty level.)
  • ·         Prove that your fiancé/ fiancée must have not violated any immigration or criminal laws.
  • ·         File the K-1 visa petition with the United States Citizenship and Immigration Services (USCIS.)
  • ·         If approved, your fiancé/ fiancée will be permitted to enter the United States for a period of 90 days.  During which time, you must get married.

After the marriage you then:

  • ·         File for lawful permanent residency (i.e. Green Card) for your spouse.
  • ·         The United States Citizenship and Immigration Services (USCIS) will investigate to determine whether you have a true marriage, other than for immigration purposes.  

Where to Get Help Bringing a Family Member to the United States, to Stay

Want to bring your family member to the United States?  We can guide you through the maze of immigration matters and procedures, selecting the best path for your immigration and your family’s.  For more information on K-1 visas please click here.  For other family members, if you are a lawful permanent resident (have a green card) click here; or if you are a United States citizen please click here.

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights.  We focus our practice on immigration law and help people just like you every day; you can reach us at 513-793-6555 or Thomasjr@geygan.com. 

We will gently walk you through the immigration process and aggressively fight for your legal rights.  Call Geygan & Geygan today:  513-793-6555.  Your next step is to contact us.

Filed Under: Family based Immigration, Family Visas, Green Card, Immigration

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8050 Hosbrook Road, Suite 107
Cincinnati, Ohio 45236
Tel 513-791-1673
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