Family Visas

Family of U.S. Citizens

As a U.S. citizen, you may petition for certain family members based on your relationship.

Relatives for Whom You (U.S. Citizen) May Petition and Related Benefits and Required Forms

Type of Relative for Whom You May Petition	Immigration Benefit	Related Forms
Spouse Children (unmarried and under 21) Sons and daughters (married and/or 21 or over) Parents, if you are 21 or over Siblings, if you are 21 or over	Green Card (Permanent Residence)	Form I-130, Petition for Alien Relative Form I-864, Affidavit of Support Form I-485, Application to Register Permanent Residence or Adjust Status
A fiancé(e) residing outside the United States and children of fiancé(e) under 21	Fiancé(e) Visa	Form I-129F, Petition for Alien Fiancé(e)
Spouse Children of spouse (unmarried and under 21)	K-3/K-4 Nonimmigrant Visa	Form I-130 Form I-129F

If you or a member of your family is in the U.S. military special conditions may apply. See the “Information for Members of the Military and their Families” link to the right. For more information on fiancé(e) visas and K-3/K-4 nonimmigrant visas, see the corresponding links to the left under "Family of U.S. Citizens". If you would like information on citizenship or adoption, see the corresponding links to the right.

Application Process: Green Card (Permanent Residence)

To petition for a family member to receive a green card (permanent residence), you must submit with your Form I-130, petition for alien relative:

Proof of your U.S. citizenship
Evidence of the qualifying relationship (birth certificate, marriage certificate, divorce decree, etc.)
Proof of any legal name change for you or the beneficiary

Spouses of deceased U.S. permanent residents (widows and widowers) may also be eligible to become permanent residents. See the “Widow(er)” link to the right.

Immediate Relatives

The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:

Spouses of U.S. citizens
Children (unmarried and under 21) of U.S. citizens
Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485 at the same time as Form I-130. For more information on how your relative can apply to adjust status (get a green card) while he or she is in the United States, see the “Green Card” link to the right.

Preference Categories

Preference categories include family relationships that are not immediate relatives and have annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). The following are preference categories:

First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
Second Preference (2B): Unmarried adult sons and daughters of permanent residents
Third Preference: Married sons and daughters (any age) of U.S. citizens
Fourth Preference: Brothers and sisters of adult U.S. citizens

For current wait times, see the “Visa Bulletin” and “Processing Times” links to the right. For more information on priority dates, see the “Visa Availability and Priority Dates” to the right. For more specific information on how to help individual members of your family, see the corresponding link under “Family of U.S. Citizens” to the left.

What Happens Next?

If your relative is already in the United States, he or she may apply to adjust status to become a green card holder (permanent resident) after a visa number becomes available using Form I-485.
If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”
Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “My Case Status”, in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.

For more information on becoming a green card holder, see the “Adjustment of Status” (for processing within the United States) and “Consular Processing” (for processing overseas) links to the right. For more information on green cards, see the “Green Card” link to the right.

Bringing Spouses to Live in the United States as Permanent Residents

Eligibility

In order to bring your spouse (husband or wife) to live in the United States as a permanent resident (green card holder), you must be either a U.S. citizen or permanent resident.

How to Bring your Spouse to the United States

You are a:	Your spouse is:	How to Apply
U.S. citizen	Inside the United States (through lawful admission or parole)	File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See required documentation below.
U.S. citizen	Outside the United States	File Form I-130. When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See required documentation below.
Permanent resident	Inside the United States (through lawful admission or parole)	File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See required documentation below.
Permanent resident	Outside the United States	File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See required documentation below.

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Information for Members of the Military and their Families” link to the right.

Required Documentation

To complete the process, the petitioner must submit:

Form I-130 (signed with proper fee), with all required documentation, including:

o Two completed and signed G-325A forms (one for you and one for your spouse)

o A copy of your civil marriage certificate

o A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated

o Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)

o Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)

If you are a U.S. citizen, you must demonstrate your status with:

o A copy of your valid U.S. passport OR

o A copy of your U.S. birth certificate OR

o A copy of Consular Report of Birth Abroad OR

o A copy of your naturalization certificate OR

o A copy of your certificate of citizenship

If you are a permanent resident, you must demonstrate your status with:

o A copy (front and back) of Form I-551 (green card) OR

o A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence

Conditional Residence and Removing Conditions

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)

You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. For more information, see the “How Do I Remove the Conditions on Permanent Residence Based on Marriage?” link to the right.

Case Status

To check the status of your visa petition, see the “My Case Status” link to the right.

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” link to the left.

If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before December 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the “V Nonimmigrant Visas” link to the right.

For more information on “Adjustment of Status” within the United States and “Consular Processing” overseas, see the corresponding link to the right.

My Petition was Denied: Can I Appeal?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the “How Do I Appeal the Denial of My Petition or Application?” link to the right.

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

Your children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category.

If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for immigrant status
A copy of Form I-797, Notice of Action, for the original application or petition
A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.

Bringing Parents to Live in the United States as Permanent Residents

Eligibility

To bring your parents (mother or father) to live in the United States as a permanent resident (green card holder), you must be a U.S. citizen and at least 21 years old.

Note: Permanent residents may not bring parents to live permanently in the United States.

If your…	You must file…
Mother lives outside the United States	Form I-130, Petition for Alien Relative A copy of your birth certificate showing your name and your mother’s name A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States
Father lives outside the United States	Form I-130 A copy of your birth certificate showing your name and the names of both parents A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States A copy of your parents’ civil marriage certificate
Father lives outside the United States and you were born out of wedlock and were not legitimated (see the “Family Glossary” link to the right for a definition) by your father before your 18th birthday	Form I-130 A copy of your birth certificate showing your name and your fathers name A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first
Father lives outside the United States and you were born out of wedlock and were legitimated by your father before your 18th birthday	Form I-130 A copy of your birth certificate showing your name and your fathers name A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence)
Petition is filed to bring your step-parent to live in the United States	Form I-130 A copy of your birth certificate showing the names of your birth parents A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or step-parent ended legally
Petition is filed to bring your adoptive parent to live in the United States	Form I-130 A copy of your birth certificate A copy of your Certificate of Naturalization or Citizenship if you were not born in the United States A certified copy of the adoption certificate showing that the adoption took place before your 16th birthday A statement showing the dates and places you have lived together with your parent

Note: If your name or your parent’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)

After Filing Your Petition

You will be notified by USCIS if your Form I-130 petition is approved or denied. If it is approved and your parent is outside the United States, he or she will be notified to go to the local U.S. consulate to complete visa processing.

If your parent is currently in the United States, he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130. For additional information on how to file this application, see the “How Do I Become a Permanent Resident While In the United States?” link to the right.

To download the forms and instructions mentioned above, see links in the “Forms” section to the right.

Employment Authorization (Work Permit)

Your parents do not need to apply for employment authorization (work permit) once they are admitted as an immigrant with their immigrant visa. If your parents are now outside the United States, they will receive a passport stamp upon arrival in the United States. This stamp will prove that they are allowed to work in the United States until their Permanent Resident Card is received.

If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document, to apply for travel authorization. For more information, see the “Apply for a Work Permit” and “Travel Authorization” links to the right. The fee for Form I-485 also covers Form I-765 and Form I-131 until a decision is made on the application to adjust status.

Note: If your parents have minor children abroad, those children (your siblings) cannot be sponsored on the same petition. See the “Bringing Siblings to the U.S.” link to the left for more information. After your parent becomes a permanent resident, he or she may file a new petition for any qualifying relative (see the “Family of Permanent Residents” link to the left).

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas a “son” or “daughter” is defined as being married and/or 21 or over.

Eligibility Requirements

If you are a...	You may petition for...
U.S. citizen	Children (unmarried and under 21) Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition.
Permanent resident (green card holder)	Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition. Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.

For immigration purposes, a child can be any of the following:

A biological child born in wedlock
A biological child born out of wedlock:

o If the mother is petitioning, no legitimation (see the “Family Glossary” link to the right for a definition of legitimation) is required.

o If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.

o If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.

A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
An adopted child if the child was adopted prior to age 16 (one exception is if siblings are adopted, as long as one was under 16, the other could be older than 16 but younger than 18), AND the adopted child has resided in the legal and physical custody of the adoptive parent for 2 years prior to filing (the legal and physical custody do not have to be the same time period, but each must be met for 2 years) NOTE: Most adoption-based immigration occurs through the orphan intercountry or Hague processes. Normally, you would only use the Form I-130 process if your child did not meet the definition of orphan. See the “Adoption” link to the right for more information.

If you or your child, son or daughter currently serves in the U.S. military, special resources and conditions may apply. See the “Military Personnel and Their Families” link to the right.

Required Documentation

Form I-130, Petition for Alien Relative (signed with proper fee)
Evidence of you U.S. citizenship:

o A copy of your U.S. birth certificate OR

o A copy of your valid U.S. passport OR

o A copy of Consular Report of Birth Abroad OR

o A copy of your naturalization certificate OR

o A copy of your certificate of citizenship

If you are a permanent resident, you must demonstrate your status with:

o A copy (front and back) of Form I-551 (green card) OR

o A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.

If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
Proof of relationship (see chart below for case-specific requirements)

If you are the...	You must also submit...
Biological mother	A copy of your child’s birth certificate issued by civil authorities
Biological father	A copy of your child’s birth certificate issued by civil authorities A copy of your marriage certificate to the child’s biological mother If you and/or the biological mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment. If you never married the child’s mother before the child turned 18: o If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information o If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.
Step-parent (step-mother or step-father)	A copy of your step-child’s birth certificate issued by civil authorities A copy of your civil marriage certificate to your step-child’s biological parent Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree)
Adoptive parent (adoptive mother or adoptive father)	Copy of child’s original birth certificate Copy of the final adoption decree Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree) Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control)

Filing for Your Relative Who Lives in the United States

If you are a...	Then...
U.S. citizen petitioning for your child (unmarried and under 21)	Your child may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130
U.S. citizen petitioning for your son or daughter (married and/or 21 or over)	You file Form I-130. Your son or daughter files Form I-485 when a visa becomes available. See the “Visa Bulletin” and “Green Card” links to the right.
Permanent resident (green card holder) petitioning for your child, son, or daughter	You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the “Visa Bulletin” and “Green Card” links to the right.

Filing for Your Relative Who Lives Outside the United States

If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

Conditional Residence and Removing Conditions

If you are petitioning for a step-child and have not been married to the child’s biological parent for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

If your spouse and child became CPRs at the same time or within 6 months, the child can be included in your spouse’s petition. If the child became a permanent resident more than 6 months after your spouse, or the child was granted CPR status independently of your spouse, the child will need to file a separate Form I-751.

Form I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States. For more information, see the “How do I Remove the Conditions on Permanent Residence Based on Marriage?” link to the right.

Check the Status of Your Visa Petition

To check the status of your visa petition, see the “My Case Status” link to the right.

Can my child come to the United States to live while the visa petition Is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K-3/K-4 Nonimmigrant Visas” link to the left.

If you are a permanent resident (green card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see “V Nonimmigrant Visas” to the right.

For more information on “Adjustment of Status” within the United States and “Consular Processing” overseas, see the corresponding link to the right.

My Petition was Denied: Can I Appeal?

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for immigrant status
A copy of Form I-797, Notice of Action, for the original application or petition
A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

Bringing Siblings to Live in the United States as Permanent Residents

Eligibility

In order to bring your sibling (brother or sister) to live in the United States as a permanent resident (green card holder), you must be a U.S. citizen and over 21 years of age. Note: Permanent residents may not bring siblings to live permanently in the United States.

Required Documentation

To successfully complete the process, the petitioner must submit:

Form I-130 (signed with proper fee)

o Note: you do not need to file a separate Form I-130 for your sibling’s spouse or unmarried children under 21 years of age.

Evidence that you are a U.S. citizen:

o A copy of your valid U.S. passport, OR

o A copy of your U.S. birth certificate, OR

o A copy of Consular Report of Birth Abroad, OR

o A copy of your naturalization certificate, OR

o A copy of your certificate of citizenship

A copy of your birth certificate and a copy of your sibling's birth certificate showing that you have at least one common parent
If you and your sibling have a common (biological) father but different mothers, please submit:

o Copies of the marriage certificates of the father to each mother, AND

o Copies of documents showing that any prior marriages of either your father or mothers were legally terminated.

If you and your sibling are related through adoption, please submit:

o A copy of the adoption decree(s) showing that the adoption took place before you or your sibling (the adopted child) became 16 years old.

If you and your sibling are related through a step-parent, please submit:

o Copies of documents showing that any prior marriage(s) of the natural parent and/or step-parent were legally terminated, AND

o A copy of the marriage certificate of the step-parent to the natural parent (age restrictions for meeting definition of step-child apply)

Note: If your name or your sibling’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)

Case Status

To check the status of your visa petition, see the “My Case Status” link to the right.

Can my sibling come to the United States to live while the visa petition is pending?

There is no avenue for your sibling to enter the United States prior to immigration on the basis of a pending Form I-130. In most instances, the beneficiary of a pending or appoved immigrant visa will not be eligible for a nonimmigrant visa, although certain exceptions may apply.

For more information on “Adjustment of Status” within the United States and “Consular Processing” overseas, see the links to the right.

My Petition was Denied: Can I Appeal?

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

Your spouse and/or children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for immigrant status
A copy of Form I-797, Notice of Action, for the original application or petition
A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your spouse and/or child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.