Family Visa USA: Guide for Filipinos
Being related to a US citizen or lawful permanent resident could make you eligible for a Family Visa and help you join the strong Filipino community already established in the US.
For help understanding whether the US family visa is right for you, contact Total Law online or at +1 844 312 4979 and find out about our immigration services.
Family Visa USA Overview
The US offers a number of visa categories for both immigrant (moving to the US permanently) and non-immigrant (temporary travel to the US) needs.
Immigrant family visas have the most challenging and lengthy application process. Non-immigrant visas are usually easier to obtain but do not often lead to permanent residency.
The visas are also divided into those for joining “immediate relatives” of a US citizen and for “preference” cases. Accessing these visas will require a US citizen or lawful permanent resident to file a petition on your behalf.
Page Contents
- Family Visa USA Overview
- Requirements for a US Family Visa
- Documents Needed for US Family Visas
- Immediate Relative Visas
- Family Preference Visas
- Applying for Permanent Residence for a Family Member
- US Family-Based Non-Immigrant Visas
- Converting a Family Green Card into Citizenship
- How Can Total Law Help?
- Frequently Asked Questions
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Requirements for a US Family Visa
Each US family visa category has its own requirements, but there are general criteria that must always be met, regardless of the category applied for.
The Filipino must have an eligible sponsor in the US, either a US citizen or a lawful permanent resident.
Both the Filipino and their family member need to have submitted the correct visa petitions.
Other requirements include:
- A genuine relationship
- The sponsor must provide financial support
- The applicant must pass security, background, and health checks
- Pay all relevant visa fines
A visa interview is not always required, especially if the applicant is aged under 14 or over 79
Documents Needed for US Family Visas
Applicants will need to submit comprehensive documentation to demonstrate they meet the criteria, such as:
- Valid Filipinos passport
- Completed Form DS-260 if applying from outside the US, or a Form I-485 if switching status from inside the US
- Form I-864 if the Filipino requires financial support from a family member in the US, as well as financial documents, including pay slips and bank statements
- Passport-style photographs of the Filipino applicant
- Birth certificate
- Marriage certificate(if applicable). Proof that any previous relationships have ended, such as divorce or death certificates
- Proof of good moral character, including police certificates and court and prison records
- Military records (if applicable)
- Receipt of payment of application fees
You and your family member will also need to submit documents to prove that the specific requirements for the category they are using have been met.
Only documents in English (or other languages specifically accepted by the relevant consulate) will be accepted; otherwise, you must provide certified translations.
Contact Total Law at +1 844 312 4979 to properly understand the documentation that must be compiled.
Immediate Relative Visas
Immediate relatives include a spouse, parent, or unmarried child under 21. There is no cap on the number of these visas that can be issued each year. The categories and the types of relations that they apply to are as follows:
- IR1/CR1 visa: spouses of US citizens
- IR2 visa: children who are under the age of 21 and unmarried
- IR3 visa: children adopted abroad
- IR4 visa: children adopted in the US
- IR5: parents of a US citizen. The US citizen will usually need to be at least 21 years old
United States Citizenship and Immigration Services (USCIS) will begin processing your petition for any of these immediate relative visas as soon as you submit it. You’ll need to wait for it to be approved before you can submit your green card application.
Family Preference Visas
Less immediate relatives are eligible for family preference visas. This includes siblings, your unmarried adult son or daughter of a US citizen, a legal permanent resident’s spouse, and married sons and daughters of US citizens. There is also a strict quota on the number of family preference visas that USCIS can issue each year.
The categories of relationships that can allow you to seek permanent residence according to the preference category system are listed below:
- F1 (Family First Preference): US citizens’ unmarried daughters and unmarried sons
- F2 (Family Second Preference): spouses and unmarried children of US lawful permanent residents
- F3 (Family Third Preference): married sons and married daughters of US citizens
- F4 (Family Fourth Preference): a US citizen’s siblings over 21 years of age
Applying for Permanent Residence for a Family Member
Overview
A successful immediate relative or family preference visa application is the first step towards gaining a US Green Card, the document that proves you are a lawful permanent resident.
The first step to making your Filipino family member a Green Card holder is to file Form I-130, also known as the Petition for Alien Relative.
It establishes your desire for your family member to become a permanent resident in the US. It also establishes the relationship between the two of you that the application stems from.
After your Form I-130 is approved, you will proceed to the appropriate next step based on your family member’s location. If they reside in the US, you will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status).
Immediate relatives can file their Form I-485 immediately after the successful Form I-130 application. They may also be able to use concurrent filing, where both Form I-130 and Form I-485 are submitted simultaneously.
Family preference category users must wait until a relevant visa becomes available. The monthly visa bulletin will help you know when to make this application. You will need to wait from several months to several years, depending on the category you are using, as each one has a different backlog.
The process is different if your family member is outside America. They’ll need to work with their local consulate to obtain a relevant visa to enter the US, a process known as consular processing.
Once your I-130 petition has been approved, USCIS will pass your relative’s case to the National Visa Center (NVC), which will notify the relevant consulate once a visa becomes available. Your family member will need to submit Form DS-260 and complete a visa interview.
Once the US consulate issues the visa, your family member can travel to the US. If allowed across the US border, they’ll enter the country as a lawful permanent resident.
Sponsorship/Petition Fees
You’ll come across a range of different fees when sponsoring your family member to become a permanent resident in the US. The fee for filing I-130 online is $345.00 and $325.00 for paper filing.
The Form I-485 fee will then need to be paid to adjust your family member’s status if they are already in the US. This fee is $1,440 for paper filing and $1,390 for online filing.
The fee reduces to $950 for children under 14 years old whose Form I-485 is being filed concurrently with their parent. This fee is $900 for online filing.
There is also a fee for applying for a US visa if your family member is coming from outside the US, as they’ll need to submit Form DS-260. This fee is $325.
Benefits of Permanent Residence for your Family Member
Securing Green Card status will increase the rights available to your Filipino family member in the US and is an essential step towards gaining US citizenship by naturalization. Examples of some of the benefits include:
- Freedom to work in most US jobs. No additional sponsorship from the employer will be required in most cases
- Access to federal jobs. They won’t need a higher-than-usual level of security clearance
- The chance to sponsor their relatives to come to the US
- Qualification for discounted tuition fees for in-state enrollment in public colleges and universities
Your relative will also get access to US social programs. However, they will need to meet specific residency and contribution requirements in addition to being a Green Card holder.
US Family-Based Non-Immigrant Visas
Obtaining an immigrant visa is a lengthy and challenging process. There is often a cap on the number of these visas issued annually.
That means you won’t be able to get one, even if you are a perfect applicant, if the quota has been met. However, a non-immigrant visa may be faster and easier to obtain.
The types of family-based non-immigrant visas are:
- K-1 visa for fiancés wishing to enter the US to get married (within 90 days of entering the US)
- K-2 visa for children of K-1 visa holders
- K-3 visa for spouses who live abroad
- K-4 for dependents of K-3 visa holders
Many of these visa types require that you be engaged to or married to a US citizen or lawful permanent resident. Should you fail to get married within the allotted 90 days or your marriage breaks down, you will have just 30 days to leave the US.
These visas also have limited validity periods. You will often be able to extend your stay before your permit expires, although you’ll need to prove you still meet the eligibility criteria.
Applying for a Non-Immigrant Family-Based Visa
The US citizen will need to submit Form I-129F (Petition for Alien Fiancé(e)) to USCIS on their partner’s behalf, with any of their partner’s children also named on the petition, to apply for a K1 or K3 visa.
Once this petition is approved, USCIS will pass your case to the NVC for processing. Once the visa has been approved, often this involves an interview, they can travel to the US.
Application Fees for K Visas
You and your family member will need to pay two types of application fees to get a K visa:
- Filing Form I-129F – $535.00
- Filing Form DS-260 – $325
Converting a Family Green Card into Citizenship
Holding a Green Card will give your Filipino family member a host of benefits beyond those available to a temporary visa holder.
There are even more rights accessible if your family member can use their Green Card status to become a citizen. This usually becomes available once they have been a lawful permanent resident for three to five years.
US citizens can vote in US elections and run for public office at the local, state, and federal levels. They can also hold a US passport, granting them visa-free access to around 60% of countries worldwide.
There are many more nations than can be accessed with a Filipino passport. However, the most important benefit is that they can live freely in America without time limits and with a low chance of deportation.
For your family member to get their US citizenship, they must:
- Complete Form N-400 and pay the filing fee. This cost is $710 for online filing and $760 for paper filing. In some circumstances, this will be reduced by roughly half or waived.
- Book and attend a biometrics appointment at the nearest USCIS local office.
- Roughly 14 months after the initial application is submitted, book and attend a citizenship interview and exam.
- Receive notification that your application has been successful.
- Attend a citizenship ceremony to swear allegiance to the US. Receive a Certificate of Naturalization and hand in their Green Card.
With a Certificate of Naturalization, a US passport can be obtained. This allows for travel outside of the USA.
Requirements for US Citizenship by Naturalization
Achieving the residency requirement alone will not be enough for your Filipino family member to qualify for US citizenship. For their application to be successful, they’ll need to be at least 18 years old and fulfill the following requirements:
- Basic English capabilities (reading, writing, speaking, and listening)
- Strong knowledge of US history and government
- Loyalty to the US Constitution, shown by taking the Oath of Allegiance
- Willingness to provide civil or military service to the US if asked
- Good moral character
Meeting these requirements is not an obligation to apply for citizenship. Millions of Green Card holders are currently able to apply for citizenship by naturalization, but choose not to.
How Can Total Law Help?
The US has one of the world’s most complex immigration law systems. That can make it hard for Filipinos to successfully apply for the visa they need to join their family members.
Working with an expert immigration law firm like Total Law will boost your chances of success.
We can help you both with the sponsorship petition and your family member’s visa application (consular processing). This includes helping you understand which category is the most relevant, gathering supporting documentation, and guiding your family through the entire application process.
Get connected with our team today by calling +1 844 312 4979 or fill out the online contact form and find out how we can help you join your loved ones in the US.
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Related pages for your continued reading.
Frequently Asked Questions
The US has no limits on the number of visas for immediate relatives it can issue each year. You’ll still need to meet the eligibility criteria and submit a strong application for your visa to be approved. Meanwhile, there is a strict quota on family preference cases.
The annual caps are:
- 23,400 for F1 visas
- 114,200 F2 visas (79,940 F2A visas and 34,260 F2B Visas)
- 23,400 F3 visas
- 65,000 F4 visas
Under US immigration law, a dependent child is generally your biological child who is unmarried and under 21 years old. Adopted children (providing that they have been in your legal custody and residing with you for at least two years) and stepchildren (if you entered into the relevant marriage before the child’s 18th birthday) are also considered your dependents.
As Green Card applications can take years, children often turn 21 while they are waiting. The Child Status Protection Act effectively freezes your child’s age at the time that you make your immigration petition.
The other way that Filipinos can come to the US as a family is as tourists. This is a great way to visit friends and relatives, enjoy a vacation, and think about whether you want to move to the country permanently.
Your family can use the US Tourist visa, known formally as B-1/B-2. Each of your family members coming on the trip will have to submit their own application and pay the fee. However, you can group your applications together so that you attend a simultaneous visa interview.
Receiving a family-based Green Card can take varying and extended periods, with the exact duration depending on the route you take. The main processing that immediate relatives already in the US must wait for is Form I-130, which typically takes between 5 and 12 months.
Applications in the family preference category take significantly longer because you’ll need to wait for a visa to become available. The exact waiting time will vary depending on how many people are already in the queue for your visa category. It can take several years in extreme cases.
Yes, you will usually be able to sponsor as many eligible family members as you would like. You’ll need to submit a separate Form I-130 for each of them. Each family member will also need to successfully submit their own visa application.
In many cases, you will need to submit a separate Form I-864 for each family member, proving that you can support the Filipino once they arrive in the US. You can only do this as many times as your household income will allow.
Your relatives in the family preference category will also have their own positions in the queue. As a result, it could take significantly longer for a visa to become available than for others.