Bring Your Loved Ones to America Through the US Family Visas

With the US Family Visas, you can bring your family to the United States to live with you. However, applying for these visas requires you to navigate through the complexities of US immigration, which can be daunting. But if you’re really keen to reunite with your loved ones, your efforts will all be worth it!

So, if you are a U.S. citizen or a lawful permanent resident of the United States, the family visa system is your pathway to bringing your relatives closer to you. On this blog, we’ll talk more about the US Family Visas to help make things easier for you. At Checklist Visa, one of our goals is to help families reunite by educating people on different visa processes and immigration policies.

Understanding Family-Based Immigration

Family-based immigration is a process by which U.S. citizens and lawful permanent residents (green card holders) can sponsor certain family members for visas to join them in the country. The family members eligible under this sponsorship fall into two broad categories: immediate relatives and family preference categories.

Immediate relatives apply to spouses, unmarried kids under 21 years old, and parents of U.S. citizens. This category has no annual limits on the number of US Family Visas the immigration authorities can issue. Therefore, it has a much faster processing time.

On the other hand, the family preference categories are for other relatives. These include married children, siblings, and their children. These categories have annual limits on the visa to be issued, which is why it often has longer waiting times. The applicant has to wait for their priority dates to become current.

Immediate Relative Immigrant Visas

Here are the different categories under the immediate relative immigrant visas:

IR-1 (Spouse of a US Citizen)

The IR-1 visa applies to spouses of a U.S. citizen. To qualify, the couple must be legally married and must submit documents to prove this. Moreover, the U.S. citizen who will sponsor the spouse must file Form I-130 (Petition for Alien Relative) on behalf of their spouse. There are no annual caps for this visa category, so you can enjoy quick processing and approval.

IR-2 (Unmarried child under 21 of a US Citizen)

The IR-2 visa applies to unmarried kids under the age of 21. Under this category, U.S. citizens can sponsor their minor children for permanent residency in the United States. Similar to the IR-1 visa, there are no annual limits to this visa.

IR-5 (Parent of a US Citizen aged 21 or older)

The IR-5 visa applies to parents of U.S. citizens who are at least 21 years old. To sponsor a parent, the U.S. citizen has to file Form I-130 on their behalf. Just like with the other immediate relative categories, the IR-5 visa has no annual limits, which makes the processing and approval faster.

Family Preference Immigrant Visas

Here are the different categories under the family preference immigrant visas:

F1: Unmarried sons and daughters (21 and older) of US citizens.

The F1 visa is for an unmarried adult child who is 21 years of age or older. Since it is a part of the family preference system, there are annual limits on these visas. Hence, expect a longer wait time.

F2A: Spouses and minor children (under 21) of permanent residents.

The F2A visa applies to the spouses and unmarried children (under 21) of lawful permanent residents (green card holders). While also subject to annual limits, this category tends to have shorter waiting periods when compared to other family preference visa categories.

F2B: Unmarried sons and daughters (21 and older) of permanent residents.

The F2B visa is designated for unmarried adult children (21 and older). As with the other family preference categories, this visa has annual limits, which can lead to a longer processing time.

F3: Married sons and daughters of US citizens.

The F3 visa allows U.S. citizens to sponsor their married children, regardless of age. This is subject to annual caps, and will take a much longer processing time.

F4: Siblings of US citizens (at least 21 years old).

The F4 visa is for siblings of U.S. citizens. The U.S. citizen has to be at least 21 years old to sponsor their siblings. Furthermore, the siblings being sponsored can also include their families on the application. However, due to annual limits, this category has one of the longest waiting times.

Requirements for Sponsorship

To sponsor a family member for US Family Visas, you must meet certain requirements. First, you must be either a U.S. citizen or a lawful permanent resident (green card holder). Moreover, you have to be at least 18 years old and living in the United States.

When applying for family visas, one key requirement is the financial commitment. You must be able to submit financial documents showing you can financially support your relatives once they arrive in the United States. One of the documents you need to submit is the Affidavit of Support (Form I-864). It should demonstrate that your income is at least 25% of the U.S. poverty guidelines. If you have insufficient income, you can present your assets or apply for a joint sponsor.

Besides the financial requirements, you must file Form I-130 (Petition for Alien Relative) to start the process of applying for the visa. Other documents you need to submit are:

1. 1. Proof of the sponsor’s U.S. citizenship or permanent residency
   2. Proof of the family relationship (like birth or marriage certificates.
   3. Supporting financial documents like tax returns and pay stubs.

FAQs on US Family Visas

Can I apply for a family visa for my stepchild or adopted child?

Yes, you can apply for a family visa for a stepchild or adopted child under certain conditions. For a stepchild, the marriage of his or her biological parent should be prior to the age of 18 years for the child. For the adopted child, the adoption was completed before he or she was 16 years old and the sponsoring parent had legally obtained custody of him or her for two continuous years.

Can my family members work in the U.S. once they arrive?

Yes, once your family arrives in the United States and receives their green card, they can live and work anywhere they want in the country. Green card holders have equal rights with U.S. citizens since they can apply for jobs, be hired by any employer, and even start their own businesses. In the case of some short-stay visas, like a fiancé visa, a family member may not work until he or she applies for work authorization.

What to do if my application for US Family Visas is denied?

If the US Family Visa is rejected, read through the notice of denial and understand why it was denied. You can appeal or file a motion to reopen a case, usually within 30 days. The lack of documents or errors are the most common reasons for denial. So, double-check your application to avoid these. Consider consulting with an immigration attorney who can advise you on the best options available and increase your chances for success.