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What Is The Petition For The Family-Based Immigrant Visa?


In order to sponsor a family member for an immigration visa, the US Citizen or green card holder would need to file USCIS petition I-130.

Who Can File For A Family-Based Immigrant Visa?

Only US Citizens and green card holders are able to file a USCIS petition to sponsor a relative. Green card holders may only sponsor their spouses or unmarried children. US Citizens may sponsor for any family member allowed by USCIS.

Who Can Sponsor Someone For A Family-Based Immigrant Visa?

Sponsor is the USCIS term for someone who can apply for a family-based visa for a family member, which can be a confusing term for many people. When the family member is able to apply for their green card, they must fill out a form called an Affidavit of Support, which details whom their sponsor is. The sponsor will most often be the US Citizen or green card holder who petitioned for them to receive their green card.

How Does The Sponsor Actually Start The Immigration Process?

In order for a sponsor to start the immigration process, the first step for them is to file a petition for their family member. The petition number is called I-130. The sponsor attaches the necessary documents and additional forms, and then sends that package to USCIS.

Do Family-Based Immigration Petitions Require Any Documents?

The petitioning US Citizen or green card holder must prove their relationship with the family member they intend to sponsor. If a US Citizen wants to petition for their spouse, they must prove that they are married to the individual, usually with a marriage certificate. If a green card holder wants to petition for their child, they have to attach their child’s birth certificate, in order to prove their relationship to each other. The documents that prove relationships are the most important for an immigration petition, but there are additional documents that must be included. If the petitioner doesn’t know which documents they have to file with an immigration petition, an immigration attorney can give them advice.

What Is A Fiancé Visa?

There is a separate, non-immigrant and immigrant visa category for the fiancé of a US Citizen, also known as a K-1 visa. Because this visa allows the fiancé of a US Citizen to enter the US as a fiancé, for the purpose of getting married to the US Citizen, the visa must be obtained abroad at an American embassy. The US Citizen must also file a petition to bring their fiancé to the US. Only a US Citizen may file a petition to bring their fiancé to the US—a green card holder may not. If the fiancé is already in the US, the two can simply get married and file an immigration case directly.

Within 90 days of the fiancés arrival in the US, there is a requirement for you to get married. Another requirement, both for the petition from the US Citizen and for the fiancé to get their visa, is that you must prove that you have met your fiancé at least once during two years before your petition is filed. Though there are other requirements for the K-1 visa, these are two of the most crucial.

For more information on Family-Based Immigration Petition, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (202) 350-2571 today.

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