• Family
• Fiancee / Fiance K1 Visas
• Marriage
• Adoption

• File a relative petition (I-130) with Immigration establishing that you are a US Citizen and that the person you are petitioning is in fact your child, parent or sibling. Depending on your country of origin, a DNA test may be required.
• If you are sponsoring your child, the child must be unmarried and under the age of 21 years at the time that the immigration petition is filed.
• Once the I-130 petition is approved by Immigration the next step depends on whether the person sponsored lives in the U.S. or outside the U.S.
• If your family member resides outside of the US your relative will Consular Process and be approved for the Green Card prior to entering the United States. This can be a very arduous and time-consuming process.
• If your family member resides in the US, it is important to remember that many factors may affect the successful outcome of a case. Despite having an approved family petition other factors such as illegal presence in the US, or a criminal history, may mean that your relative is not entitled to continue the process and apply for the Green Card.
• The length of time it will take for your relative to enter the U.S. depends on whether the priority date on the approved I-130 petition is current (some relative visa categories can take 12 years or more to become current, such as a sibling sponsoring a sibling).

• Only a US Citizen can petition for a parent or sibling.
• A Lawful Permanent Resident can however file an I-130 Petition with Immigration on behalf of a spouse and or child under the age of 21 years.
• Once the I-130 Petition is approved by Immigration the next step depends on whether the person sponsored resides in the U.S. or outside the U.S.
• If your family member resides outside of the U.S. your relative will Consular Process and be approved for the Green Card prior to entering the United States. This can be very arduous and time-consuming process.
• If your family member resides in the U.S. it is important to remember that many factors may affect the successful outcome of a case. Despite having an approved family petition other factors such as illegal presence in the U.S., or a criminal history, may mean that your relative is not entitled to continue the process and apply for the Green Card.
• In addition, the length of time it will take for your relative to enter the U.S. depends on whether the priority date on the approved I-130 petition is current.

The K-1 Visa allows you to invite your fiancé(e) to the United States for a period of 90 days, during which time your fiancé(e) must either marry you or return to his or her home country. No extensions of time will be granted after the 90 days and no change of status is permitted.

If the relationship does not work out, you decide not to marry, and your fiancé(e) returns home, you are both independently eligible to file a subsequent fiancé(e) visa application if you so desire. You will have to file an IMBRA (International Marriage Broker Regulation) waiver if you file within two years of the first petition’s approval.

Lawful Permanent Residents of the United States are not eligible to file for a K-1 visa.

You are eligible to apply for a K-1 Visa if you meet the following requirements:

• You are a U.S. citizen
• You have personally met your fiancé(e) within the previous two years, if culturally acceptable and does not violate long-established customs, or would create extreme hardship for you or your fiancé(e)
• You and your fiancé(e) are both legally free to marry under the laws of your fiancé(e)’s country as well as the laws of the U.S.
• Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions
• You marry each other within 90 days of your fiancé(e)’s arrival in the U.S.

Once the Immigration Service Center approves the K1 petition, the appropriate U.S. Consulate will receive the paperwork in order to schedule your fiancé(e)’s interview.

• Missing documents or incorrect paperwork
• U.S. Citizen Spouse does not show sufficient income, under the US Government Poverty Guidelines.
• Significant age difference between the couple
• Fiancé(e) cannot obtain written consent from the ex-spouse for their child to leave the country
• Spouse and fiancé(e) are unable to communicate in a common language
• Couple has not spent enough time together in person, or in contact, if culturally permitted.
• Fiancé(e) interviews poorly and fraud is suspected.
• Fiancée was previously in the U.S. and overstayed the visa
• The U.S. Citizen has previously sponsored a foreign national for a green card and the U.S. Citizen cannot prove that the foreign citizen maintained lawful status
• Fiancée or US Citizen has a criminal record
• Fiancée has a serious, contagious illness
• Fiancée commits a misrepresentation during the interview
• Petition includes a document that is deemed to be fraudulent

• If your fiancé(e) entered on a K-1 Visa, the marriage must take place within ninety days of your fiancé(e)’s arrival in the U.S.
• Once married, your spouse will be eligible to apply for Lawful Permanent Residence. File an I-485 (adjustment of status) application with Immigration. The adjudication of ‘marriage adjustment’ cases can vary from several months to several years depending on various factors.
• Both you and your spouse will be required to attend an interview with Immigration. At the time of interview, you will need to show proof that the marriage is bona-fide (legitimate). Immigration will review documents, such as address displayed on driver’s licenses, joint bank accounts, tax returns and utility bills.
• If you have been married less than two years at the time of interview and the application is approved the immigrant spouse will be issued a temporary/conditional two year green card. After two years, the immigrant is required to file an I-751 to lift the conditional status on the green card and must continue to prove the bona fides of the marriage.
• If you are married more than two years at the time of interview a permanent green card is issued.

• File an I 130 (family petition) and I 485 (adjustment of status) with the appropriate Immigration Service Center. The adjudication of marriage adjustment cases can vary from several months to several years depending on various factors.
• Both you and your spouse will be required to attend an interview with Immigration. At the time of interview, you will need to show proof that the marriage is bona-fide (legitimate). Immigration will review documents, such as address displayed on driver’s licenses, joint bank accounts, tax returns and utility bills.
• If you have been married less than two years at the time of interview and the application is approved, the Immigrant will be issued a temporary/conditional two year green card. After two years, the Immigrant is required to file an I-751 petition to lift the conditional status on the green card and must continue to prove the bona fides of the marriage.
• If you are married more than two years at time of interview, the applicant or beneficiary will receive a permanent green card.

• File an I-130 relative petition with the applicable Immigration Service Center.
• You cannot file for the green card until the priority date on the approved I-130 becomes current (i.e., the date that you filed the relative petition is current based on the Department of State Visa Bulletin)
• There is currently a long wait period, up to five years or longer, before the visa number will become current. There is a longer wait if you are a citizen of Mexico.

• You need to be a U.S. Citizen over 21 years of age and you must have legally adopted the child prior to the child's 16th birthday.
• If the child is already in the U.S., legally entered, but is currently undocumented you must be able to prove that the child has physically lived with you, and that you had legal custody of the child for at least two years prior to filing the Immigration petition. If the child is outside the U.S. you must also prove that the child has physically lived with you, and that you had legal custody of the child for at least two years prior to filing the Immigration petition.
• If the child is not currently in the U.S and the child is an orphan you must prove that the child’s parents are deceased, have abandoned the child or have terminated their parental rights to the child. An orphan petition does not require that the child physically resided with you and that you had legal custody of the child prior to the filing of the petition. In addition, any child under the age of 18 who is adopted by a U.S. Citizen and enters the United States automatically becomes a U.S. Citizen.
• If the child entered illegally or with a false passport you should contact an immigration attorney to see if any relief applies under the law.
• Gaining Immigration papers for an adopted child can be a very complicated process, particularly if you are trying to adopt a niece, nephew or other family member.