Family-based visas
- Green cards based on relationship with a citizen spouse, child or parent. Travel document and work authorization are included as part of the package;
- Green cards based on relationship with a green card holder spouse or parent;
- Fiancé(e) visas that are adjustable to a green card upon arrival and marriage.
GREEN CARD THROUGH A RELATIVE CITIZEN
You can file for a green card through a citizen family member. This family member is usually referred to as "the sponsor."
There is a certain income requirement in regard to the sponsors: your sponsor's income needs to be 125 percent of the current federal poverty line for the family, including the sponsor all other sponsored family members. Your sponsor should be ready to provide his last year’s tax return in order to prove his income level. No exemptions to this rule are allowed; however if your citizen sponsor does not make enough to pass the support requirement he can use joint sponsors.
GREEN CARD THROUGH THE CITIZEN SPOUSE
If your sponsor is your spouse, a citizen, you are eligible to file for a green card without any waiting period other than processing the paperwork because no quota is set to this category. A spouse of a citizen you will receive a so-called conditional green card: it is valid for two years.
If you are in United States on a different via and just married a citizen, you can ask for adjustment of your status. If you are outside the United States, then you can file for visa K-3, which would allow you to come into the United States and after that to adjust your status to the green card.
After one year and nine month of the issuance of the conditional green card would need to file for a permanent green card. That includes proving validity of the marriage; the petition is filed jointly if you are still married or separately if you have divorced, your spouse passed away, or if you were subject to battery by your spouse.
What if we divorce while the petition is pending?
Can my spouse sponsor me if s/he has obtained status through a prior marriage?
GREEN CARD THROUGH THE CITIZEN PARENT
If your sponsor is one of your parents, a citizen, and you are under 21 years old, not married, you are eligible to file for a green card without any waiting period other than processing the paperwork because no quota is set to this category.
You receive a permanent green card and can file for citizenship within 4 years and nine month from the date when the card was issued.
If your sponsor is one of your parents, a citizen, and you are older than 21 years, not married, you are eligible to file for a green card but you will have to wait until the quota allows your entrance. The waiting period can be checked in checked in the visa bulletin by looking up the first preference.
If your sponsor is one of your parents, a citizen and you are married, you are eligible to file for a green card but you will have to wait will have to wait until the quota allows your entrance. The waiting period can be checked in checked in the visa bulletin by looking up the third preference.
You receive a permanent green card and can file for citizenship within 4 years and nine month from the date when the card was issued.
GREEN CARD THROUGH THE CITIZEN CHILD
If your sponsor is your child, a citizen, he needs to be over 21 years in order to bring you in. You are eligible to file for a green card without any waiting period other than processing the paperwork because no quota is set to this category.
Can my adoptive children sponsor me? What about a stepchild?
You receive a permanent green card and can file for citizenship within 4 years and nine month from the date when the card was issued.
GREEN CARD THROUGH THE CITIZEN SIBLING CHILD
If your sponsor is your sibling, a citizen, s/he needs to be over 21 years in order to bring you in. You are eligible to file for a green card but you will have to wait until the quota allows your entrance. The waiting period can be checked in the visa bulletin by looking up the fourth preference.)
You receive a permanent green card and can file for citizenship within 4 years and nine month from the date when the card was issued.
A green card holder is allowed to apply for citizenship after four years and nine months from the date he received his green card. A spouse of a citizen, if still married to that citizen, can apply for citizenship after three years of receiving the conditional green card. If the marriage dissolved, the four years and nine months term applies.
Remember: a green card holder needs to spend at least six months every year in the United States, or obtain a re-entry permit if he plans to leave for a term of less than two years. Failure to do that can cause revocation of the green card.
To check how the actual process of obtaining the green card works click here.
FAQ
What if we divorce while the petition is pending?
As long as your marriage was initially in good faith you can divorce your spouse and still obtain legal permanent residence through him. In order to do that you file form I-751 with all required attachments and ask for a waiver. You have to fill it out very carefully because given the amount of the so-called green card marriages USCIS investigates such cases very seriously.
Can my spouse sponsor me if s/he has obtained status through a prior marriage?
Your spouse can sponsor you if
- you married a widow(er), or
- your spouse became a legal permanent resident more than 5 years ago; or
- your spouse can establish by clear and convincing evidence that the prior marriage was a good faith marriage and was not entered into for the purpose of obtaining an immigration status.
Can my adoptive children sponsor me? What about a stepchild?
Adoptive children can sponsor you as long as the adoption took place after the child's 16th birthday, and the child was in your the legal custody and living with the you for at least two years. A stepchild can be your sponsor if you married his natural parent before the child became 18.
My parent has just received a green card and my sibling is a citizen. Should my sibling apply for me or should I wait until my parent becomes a citizen?
If your parent just got the green card if would take another five years for him/her to become a citizen and only then the application can be filed. Add these five years to the waiting period that applies to your case (use First category if you are not married and Third if you are) and compare to the waiting period of the Forth category. Use whichever period is shorter.
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GREEN CARD THROUGH A RELATIVE GREEN CARD HOLDER
You can file for a green card through a family member that holds a green card. This family member is usually referred to as "the sponsor."
There is a certain income requirement in regard to the sponsors: your sponsor's income needs to be 125 percent of the current federal poverty line for the family, including the sponsor all other sponsored family members. Your sponsor should be ready to provide his last year’s tax return in order to prove his income level. No exemptions to this rule are allowed; however if your citizen sponsor does not make enough to pass the support requirement he can use joint sponsors.
If your sponsor is your spouse, a permanent resident, you are eligible to file for a green card but you will have to wait will have to wait until the quota allows your entrance. The waiting period can be checked in the visa bulletin by looking up the second A preference.
If your sponsor is one of your parents, a permanent resident, and you are not married, you are eligible to file for a green card but you will have to wait will have to wait until the quota allows your entrance. The waiting period can be checked in the visa bulletin by looking up the second B preference.
A permanent resident cannot unfortunately bring in married children and siblings. Such sibling or child has to become a US citizen first.
A green card holder is allowed to apply for citizenship after four years and nine months from the date he received his green card.
Remember: a green card holder needs to spend at least six months every year in the United States, or obtain a re-entry permit if he plans to leave for a term of less than two years. Failure to do that can cause revocation of the green card.
To check how the actual process of obtaining the green card works click here.
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GREEN CARD THROUGH A FIANCE(E)
You can file for a green card through a US citizen if you intend to marry each other. That way is normally reserved for couples that meet outside the United States. If you are in United States on a different via and just met someone whom you would like to marry, you do not have to get a fiancé(e) visa: you can just get married and then file for adjustment of your status as a spouse of a citizen.
STAGE FIRST: FIANCEE VISA
If you are outside the United States and you plan to come and get married to a citizen, you file for visa K-1. That visa allows you to enter the United States for 90 days with the specific purpose of marrying a United States citizen. A condition of your visa is that you get married within the 90 days or leave the United States. You are not allowed to work during that period.
In order to get a fiancé(e) visa you and your future spouse (sponsor) have to fill out certain forms, indicating your intention, attach letters of intention and show your financial situation. There is a certain income requirement in regard to the sponsors: your sponsor's income needs to be 125 percent of the current federal poverty line for the family, including the sponsor all other sponsored family members. Your sponsor should be ready to provide his last year’s tax return in order to prove his income level. No exemptions to this rule are allowed; however if your citizen sponsor does not make enough to pass the support requirement he can use joint sponsors.
After you file the package with the USCIS they transfer it to the National Visa Center for processing and then to the embassy in your country. You will receive a package and get an invitation for an interview. Once you have passed this interview you will be issued a K-1 visa.
STAGE TWO: CONDITIONAL GREEN CARD
After you enter the United States on the K-1 visa and get married to your fiancé(e), you are eligible to file for a green card as a spouse of a citizen (link to 1.10)
A green card holder is allowed to apply for citizenship after four years and nine months from the date he received his green card.
Remember: a green card holder needs to spend at least six months every year in the United States, or obtain a re-entry permit if he plans to leave for a term of less than two years. Failure to do that can cause revocation of the green card.
To check how the actual process of obtaining the green card works click here.