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Comprehensive Guide to USA Family & Partners Visa

USA Family & Partners Visa

August 5, 2023
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The USA Family & Partners Visa program allows US citizens and permanent residents to bring their family members to the United States. It bridges geographical gaps, fostering the unification of families and partners across the world. This guide will help you navigate the different types of USA Family & Partners Visas, their eligibility criteria, and the application processes, ensuring you’re well-prepared to bring your loved ones closer to you.

Table of Contents

  • Section 1: Understanding USA Family & Partners Visas
    • Subsection 1.1: Overview of USA Family & Partners Visas
    • Subsection 1.2: Types of USA Family & Partners Visas
  • Section 2: Eligibility Criteria for USA Family & Partners Visas
    • Subsection 2.1: Eligibility for Immediate Relative Immigrant Visas (IR)
    • Subsection 2.2: Eligibility for Family Preference Immigrant Visas (F)
    • Subsection 2.3: Eligibility for Fiancé(e) Visas (K-1)
  • Section 3: The Application Process for USA Family & Partners Visas
    • 1. File the Petition
    • 2. Wait for Decision on Petition
    • 3. Apply for the Visa
    • 4. Prepare for the Interview
    • 5. Visa Interview
    • 6. After the Interview
  • Section 4: Frequently Asked Questions about USA Family & Partners Visas
    • How long does it take to process a USA Family & Partners Visa?
    • Can I work in the U.S. on a Family Visa?
    • Can Family Visa holders study in the U.S.?
    • Can I apply for U.S. citizenship as a Family Visa holder?
    • What if my visa is denied?
    • Can Family Visa holders travel outside the U.S.?
  • Conclusion

Section 1: Understanding USA Family & Partners Visas

Subsection 1.1: Overview of USA Family & Partners Visas

USA Family & Partners Visas are designed to promote family unification by enabling US citizens and Green Card holders to sponsor their family members for permanent residence in the United States.

Subsection 1.2: Types of USA Family & Partners Visas

There are several types of Family & Partners Visas, including:

  1. Immediate Relative Immigrant Visas (IR): These visas are available for close family relationships with a US citizen, including spouses, unmarried children under 21, and parents of US citizens who are 21 or older.
  2. Family Preference Immigrant Visas (F): These visas are for specific, more distant, family relationships with a US citizen and some specified relationships with a Lawful Permanent Resident (LPR).
  3. Fiancé(e) Visas (K-1): This visa allows a fiancé(e) of a US citizen to travel to the United States to marry their sponsor within 90 days of arrival.

Section 2: Eligibility Criteria for USA Family & Partners Visas

Subsection 2.1: Eligibility for Immediate Relative Immigrant Visas (IR)

The IR categories include:

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  1. IR-1: Spouse of a U.S. Citizen.
  2. IR-2: Unmarried child under 21 years of a U.S. Citizen.
  3. IR-3: Orphan adopted abroad by a U.S. Citizen.
  4. IR-4: Orphan to be adopted in the U.S. by a U.S. Citizen.
  5. IR-5: Parent of a U.S. Citizen who is at least 21 years old.

Subsection 2.2: Eligibility for Family Preference Immigrant Visas (F)

Family Preference categories include:

  1. F1: Unmarried sons and daughters of U.S. Citizens and their minor children.
  2. F2: Spouses, minor children, and unmarried sons and daughters (age 21 and over) of Lawful Permanent Residents.
  3. F3: Married sons and daughters of U.S. Citizens and their spouses and minor children.
  4. F4: Brothers and sisters of U.S. Citizens and their spouses and minor children, provided the U.S. Citizens are at least 21 years of age.

Subsection 2.3: Eligibility for Fiancé(e) Visas (K-1)

For the K-1 visa, the following criteria apply:

  1. You (the petitioner) are a U.S. citizen.
  2. You intend to marry within 90 days of your fiancé(e) entering the United States.
  3. Both you and your fiancé(e) are free to marry (i.e., any previous marriages have been legally terminated by divorce, death, or annulment).
  4. You have met each other in person at least once within the last two years.

Section 3: The Application Process for USA Family & Partners Visas

Securing a USA Family & Partners Visa involves a systematic process. Here’s a step-by-step guide on how to go about it:

1. File the Petition

The U.S. citizen or permanent resident sponsor must file Form I-130, Petition for Alien Relative, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

2. Wait for Decision on Petition

USCIS will send a notice once the Form I-130 is approved. The approved petition will then be transferred to the Department of State’s National Visa Center.

3. Apply for the Visa

When an immigrant visa number becomes available, the applicant can apply for an immigrant visa. For the K-1 visa, once the petition is approved, it is sent to the U.S. embassy or consulate where the fiancé(e) will apply for the K-1 nonimmigrant visa.

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4. Prepare for the Interview

Before the interview, applicants will need to schedule and complete a medical examination and vaccination. They should also gather the necessary documentation, including passports, photographs, civil documents, and the completed medical examination forms.

5. Visa Interview

The applicant will attend the visa interview at the U.S. embassy or consulate. A consular officer will determine if the applicant is eligible to receive the visa.

6. After the Interview

If approved, the visa will be issued, and the applicant can travel to the U.S. K-1 visa holders must marry their U.S. citizen sponsor within 90 days of arrival in the U.S.

Section 4: Frequently Asked Questions about USA Family & Partners Visas

Here are some frequently asked questions and concise answers about USA Family & Partners Visas:

How long does it take to process a USA Family & Partners Visa?

The processing time varies depending on the relationship to the sponsor, country of origin, and various other factors. Immediate Relative Immigrant Visas often have shorter wait times compared to Family Preference Immigrant Visas.

Can I work in the U.S. on a Family Visa?

Yes, holders of Family & Partners Visas are eligible to work in the U.S. upon receiving their Green Card.

Can Family Visa holders study in the U.S.?

Yes, they can study in the U.S. without requiring an additional student visa.

Can I apply for U.S. citizenship as a Family Visa holder?

Yes, after meeting certain residency requirements, you can apply for U.S. citizenship.

What if my visa is denied?

If your visa is denied, the reason for denial will be provided. Depending on the reason, you may be able to reapply.

Can Family Visa holders travel outside the U.S.?

Yes, but it’s important to maintain residency requirements. Extended periods outside the U.S. can impact your ability to qualify for U.S. citizenship.

Conclusion

The USA Family & Partners Visa is a great avenue for bringing your loved ones to the United States. While the process can be intricate and requires careful attention to detail, the reward of uniting your family is worth the effort.

With this guide’s help, you now have a solid understanding of the various types of USA Family & Partners Visas, their specific eligibility criteria, and the steps to apply for them.

Remember, each family’s circumstances are unique, so it’s essential to seek advice tailored to your situation. Consulting with an immigration expert or attorney could provide additional insights specific to your case.

We hope this guide has been helpful and wish you the best of luck on your journey towards reuniting with your family in the United States.

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