Family Visa USA from UK
If you wish to enter the US and have a relative who is a United States citizen or Lawful Permanent Resident, you could be eligible for a family-based immigrant or non-immigrant visa.
Total Law is a team of experienced immigration lawyers who are available in-person, via phone, and online. Call us on 0333 305 9375 for advice and immediate assistance with your situation.
Who is eligible for a US Family Visa?
If you are seeking to join family members who are US citizens or Lawful Permanent Residents in the US, you could be eligible for a family-based visa category. The family-based visa categories include both immigrant and non-immigrant U.S family visas.
To be eligible for an immigrant visa your US relative must petition for you to join them. There are no limits on how many immediate relative immigrant visas are granted each year. Family preference visas however are subject to a yearly cap.
Immigrant visas are divided into two categories: “immediate relatives” of a U.S citizen and “preference” cases.
Immediate relatives include a parent, spouse, or unmarried children under 21 years of age.
Relatives that could be eligible for family preference visas include:
- Siblings
- Unmarried adult son or daughter of a US citizen
- Spouse of a Legal Permanent Resident
- Unmarried children of a Legal Permanent Resident
- Married children of a US citizen
An immigrant visa will allow you to become a US Lawful Permanent Resident however the visa application process often takes a long time.
Another option if you have relatives in the US is one of the non-immigrant visas which permit temporary entry to the U.S. Once in the US, you could opt for other immigration options within the country in terms of becoming a permanent resident.
What are the Fees for the USA Family Visa
Here’s a breakdown of the USA family visa application fee for immigrant and non-immigrant applications:
| Fee Type | Fee | Applicable to |
| Petition for Alien Fiancé(e), Form I-129F | $675 | K1 and K3 visa applicants |
| Nonimmigrant visa application processing, Form DS-160 | $265 | Non-immigrant visa applicants |
| Petition for Alien Relative, Form I-130 (online filing) | $625 | Immigrant visa applicants |
| Petition for Alien Relative, Form I-130 (paper filing) | $675 | Immigrant visa applicants |
| Immigrant visa application processing, Form DS-260 | $325 | Immigrant visa applicants |
| Biometrics | $85 | All Family visa applicants |
| Application to Register Permanent Residence or Adjust Status, Form I-485 | $1440 | Immigrant visa applicants |
The Family Visa USA Processing Time
The processing time for the USA Family Visa application ranges between 9 and 30 months, depending on the application type, immigration forms used, and the processing agencies.
Here’s a breakdown of the processing times for forms submitted to the United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS), which both handle family-based visa applications.
| Immigration Form | Processing Time |
| Form I-130, Petition for Alien Relative (where the sponsor is a US citizen) | 11.5 months |
| Form I-130, Petition for Alien Relative (where the sponsor is a Green card holder) | 25 months |
| Form I-129F, Petition for Alien Fiancé(e) | 8.5 months |
| Form I-485, Adjustment of Status | 9.2 months |
| Form DS-160 | Immediately |
| Form DS-260 | 3 months |
The USA Visa Bulletin
The US Visa Bulletin is a monthly publication by the US Department of State that provides cut-off dates for visa availability. It indicates when a petition for permanent resident status can proceed based on the filing date of the initial I-130 petition and estimated timelines for obtaining a green card.
The Visa Bulletin exists because the US government has a cap on the number of immigrant visas it issues yearly for certain visa categories. When you can get your visa depends on the date you filed your application, your country of origin, and how many others are waiting in line for the same type of visa.
You can check this Visa Bulletin to find out if a visa is available for your application. While you’ll usually be contacted by the National Visa Centre (NVC) when a visa is available, you can contact them if you discover that a visa is available and they haven’t reached out to you.
Important Terms in the Visa Bulletin
Here are some terms you should be familiar with to be able to check the Visa Bulletin:
- Priority date: This is the date the authorities received your I-130 petition, and it indicates your place on the green card line. You can find your priority date on the I-797 form sent by USCIS approving your I-130 petition.
- Current: The statement “current” means there is no backlog or wait time for a green card. A priority date can become current once it reaches the front of the line and a green card is available.
- Chargeability area: This refers to an applicant’s country of birth.
- Cut-off date: The cut-off date is the boundary on which priority date holders are eligible to begin applying for green cards. These are the dates that appear on the visa bulletin tables. You can apply for a green card if your priority date is on or before the cut-off date listed. But if your priority date is after the cut-off date, you must keep waiting.
How to Interpret the USA Visa Bulletin
The visa bulletin has two tables for family-based applications; Final Action Dates and Dates for Filing.
Both tables contain columns with dates for all chargeability areas and specific dates for citizens of China, India, Mexico, and the Philippines because their green card demand exceeds their annual country cap. They also contain rows for each Family Visa preference category (F1 to F4).
The Final Action Dates table indicates which priority dates have reached the front of the queue, meaning these green card applications are currently ready for approval.
The Dates for Filing Table is for applicants living outside the USA. It shows when they may submit their applications, even though a green card isn’t ready for them yet. This allows them sufficient time to prepare and submit their applications in advance. The cut-off dates in this chart are a bit later (about 1 to 10 months later) than those in the Final Action Dates chart.
Once you’ve identified your priority date, preference category, and chargeability area, you can read the Dates for Filing chart to see when to submit your application for adjustment of status. If you’ve submitted your application, the Final Action Dates chart will tell you whether or not your application is current or ready for approval.
USA Family Visa Denial Reasons and Solutions
According to the Department of State, an application may be denied because the consular officer does not have sufficient information to assess the applicant’s eligibility, the applicant doesn’t qualify for the visa category, or the applicant is found to be inadmissible or ineligible under legal grounds.
Some of the most common reasons for visa ineligibilities, as listed in the Immigration and Nationality Act (INA), include if a visa applicant:
- Did not fully complete the visa application and/or provide all required supporting documentation
- Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant.
- Was convicted of a crime involving moral turpitude
- Was convicted of a drug violation
- Has two or more criminal convictions for which the total sentence of confinement was 5 years or more
- Did not provide an adequate affidavit of support when one was required; therefore, denied under public charge
- Misrepresented a material fact or committed fraud to attempt to receive a visa
- Previously remained longer than authorised in the United States
If your ineligibility was due to missing documents, you might need to submit the complete documentation, and your application may be reconsidered. However, if there were other reasons for your ineligibility, you’ll need to reapply for the visa and pay the application fee again.
When submitting a new application, provide evidence of any significant changes in your situation since your last application. This may include evidence of strong ties to your home country, a demonstration of your financial stability, or proof of criminal rehabilitation.
Note that some ineligibilities are permanent, meaning that you will be found ineligible every time you apply for a visa. An example is a visa denial due to misrepresentation of a material fact or fraud. In such a case, you must apply for a waiver of ineligibility with the Department of Homeland Security. If the waiver is approved, you may be issued a visa.
Apply for a Family-based Non-immigrant Visa from the UK to the USA
Non-immigrant visas allow the holder to visit the U.S. for specific reasons such as work, education, business or medical purposes. They are granted for a specific amount of time and a departure date is set. They allow the holder to stay in the U.S. temporarily and do not allow the holder to permanently reside in the U.S.
A family-based non-immigrant visa is usually quicker to obtain than an immigrant visa.
If you have a relative who is a US citizen or Lawful Permanent Resident, you can apply for a non-immigrant visa. Once you are in the US, you can continue your immigration journey and look at onward options.
Here are the available U.S. non-immigrant family visas:
- K1 visa – for fiancés who wish to enter the US
- K2 visa – for children of K1 visa holders
- K3 visa – for spouses residing abroad
- K4 visa – for dependents of K3 visa holders
If you wish to extend your non-immigrant visa you can apply before your visa expires. In the case of a renewal application for a dependent, this must be submitted together with your request.
If you are in possession of a non-immigrant visa if you wish, you can then apply for a different immigration path, such as a Worker visa.
Green Card for Family Members of US Citizens – Apply from the UK
Immigrant visas allow the holder to reside in the United States permanently and are part of the process of obtaining a Green Card. They are more difficult to obtain than non-immigrant visas. An immigrant visa must be obtained prior to traveling to the U.S., and the process for applying for this type of visa is more extensive.
You can apply for an immigrant visa if you have a family member in the U.S. who is an American citizen or Lawful Permanent Resident who can file a petition for you to join them. Depending on the relationship with you, your relative can apply for either a Green Card or a family-based immigrant visa.
A Green Card is for family members with whom you have an immediate family relationship. If you have relatives with whom you hold more distant family relationships who wish to emigrate to the U.S., they can apply for a family-based preference immigrant visa instead.
You are able to seek permanent residence in only the following categories:
- Family First Preference (F1) – for unmarried sons and daughters of U.S. citizens
- Family Second Preference (F2A) – for spouse and unmarried children of U.S. permanent residents. If you have dependents who are over 21 years of age, they can apply for a Second Preference (F2B) visa
- Family Third Preference (F3) – for married children of U.S. citizens
- Family Fourth Preference (F4) – for siblings of U.S. citizens who are over 21 years of age.
To apply for a family-based Green Card and register for permanent residence in the U.S. you need to file Form I-130 and Form I-148. Immigrant visas are not limited in terms of how many are issued annually, but family preference categories are subject to a yearly cap.
Financial Requirements
US citizens or green card holders sponsoring a family member for a green card must prove that they can financially support the applicant and they will not become a public charge. This is done through the Affidavit of Support (Form I-864).
The minimum income requirement is typically 125% of the Federal Poverty Guidelines based on your household size. However, the requirement for active-duty military personnel sponsoring a spouse or child is 100% of the Federal Poverty Guidelines. Whether a sponsor meets the income requirement is based on the Guidelines that were in effect on the date the Affidavit of Support was filed.
If a sponsor’s income does not meet the threshold, they may be able to use assets that are convertible into cash to qualify. Some acceptable assets include savings, stocks, bonds, and property. The cash value of these assets must be worth at least three times the difference between the sponsor’s income and the required income level.
Sponsors can also use a household member’s income to meet the threshold or find a joint sponsor who may be a non-household member to financially support the applicant. These additional sponsors must also file the Affidavit of Support and provide proof of their income and legal status in the US.
Public Charge Rule
A ‘public charge’ is an individual who is primarily dependent on the government for financial support. When assessing visa applications, immigration officials use the public charge rule to determine whether an applicant will likely become reliant on government funds in the future.
A key focus in the public charge test will be whether an applicant has a qualifying Affidavit of Support (Form I-864) from their sponsor(s). They will also review other public charge factors, such as your and your sponsor’s age, health, family status, and education.
To strengthen your case and address public charge concerns, you should submit strong evidence that your sponsor can financially support you, such as the following:
- Form I-864
- Financial statements from your sponsor, such as bank statements, property deeds, and investment records.
- You and your sponsor’s employment records, including pay stubs, tax returns, and letters from employers.
- Proof of your health insurance
- Proof of your education, certifications, or vocational skills that indicate you are employable.
Adjustment of Status vs. Consular Processing
Adjustment of Status (AOS) and consular processing are both methods of applying for a green card. The difference between both is the applicant’s location at the time of application and eligibility.
AOS allows eligible applicants already in the United States to apply for a green card without leaving the country. This process is often used by individuals on valid temporary visas who wish to change their immigration status to become lawful permanent residents.
Consular processing is for the following applicants:
- Those living outside the US
- Those inside the US who do not meet the requirement for AOS, such as if their visa has expired (as long as they have not exceeded a stay of six months after the expiration date) or is due to expire, and they cannot secure an extension.
- Those inside the US who prefer to complete the process through a US consulate or embassy in their home country.
Consular processing involves applying for an immigrant visa that allows entry to the US as a permanent resident. This green card application process may be quicker than AOS, particularly for family preference visas (F category) and if the applicant resides in a country with shorter consulate wait times.
Is Form I-864 Sufficient in Addressing Public Charge Concerns?
Form I-864 is a vital component of the public charge test and can help your application, but it does not guarantee approval. If other factors raise concerns about potential public charge dependency, such as a lack of educational or vocational skills or severe health issues that might lead to public funds dependency in the future, even with a sufficient Form I-864, your application may be denied.
US Spouse Visa for UK Citizen – How to Apply
As a U.S. citizen or Lawful Permanent Resident, you can bring your spouse or unmarried partner to join you to live in the U.S. To begin the sponsorship process, you need to file a Form I-130 Petition for Alien Relative.
Your spouse can pursue two different U.S. family visas to join you in the U.S.
Non-immigrant visa
If, as the spouse wishing to move to the U.S., your intent is to go to the US temporarily (non-immigrant intent) you can apply for a K3 Spouse visa. What this means is that you will be able to pursue permanent residence or change your immigration status only after you enter the U.S. With a K3 Spouse visa you will be able to travel to and from the U.S. for the duration of the visa, as this is a multiple-entry visa. In the event that your marriage ends, as the visa holder you must leave the U.S. within 30 days.
Immigrant visa
If you wish to join your spouse in the U.S. permanently, then you can apply for a CR1 visa. This is a family-based immigrant visa that grants the holder conditional U.S. permanent resident status. With this immigration status, you are permitted to seek employment in the U.S. without needing a work permit. However, if you leave the U.S. you must apply for a re-entry permit to maintain your resident status.
Similarly, if you have dependent minor children they can also apply to settle in the U.S. through a children’s Green Card.
To get married in the U.S. you can apply for a K1 non-immigrant fiancé visa. To be eligible for the K1 visa, you must intend to get married within 90 days of your arrival, which is how long this visa is valid for.
Family Visa USA for Children of U.S. Citizens from the UK
Unmarried children under 21 years of age are classed as immediate relatives, and they are eligible for a family-based Green Card. The sponsorship type will depend on their age.
Stepchildren are also classed as immediate relatives if the marriage of the parents occurred before they turned 18.
If your unmarried child is over 21 years of age, he or she can still be eligible to join you in the U.S. under the family first preference category, also known as the F2B visa. Note that in the event your child gets married prior to your F2B visa petition being accepted, they will no longer be eligible for this U.S. family visa.
Since the F2 visa category has a limit of around 114,200 visas per year with only 30% being allocated to F2B visa applicants, it is more difficult to secure a visa for a child over the age of 21.
How Can Total Law Help with Your US Family Visa Application?
Total Law’s immigration lawyers are trained in all areas of U.S. as well as UK immigration law and are experts in family-based immigration options. U.S. family visas can be complex to understand and apply for, and we can make the process simpler for you.
Our immigration solicitors will discuss your particular circumstances with you and assess your eligibility to apply for whichever U.S. family visa best applies to you. This can include family-based Green Cards for immediate relatives, immigrant visas in a preference category, or non-immigrant visas. They will also address your immigration questions and concerns.
Once you are clear on the U.S. family visa route you wish to take, our lawyers will assist you throughout the application process. If you are pursuing a route that requires a U.S citizen to sponsor your application, they can help the sponsor to complete the petition form, ensuring all information is included correctly. Our immigration solicitors will also help you to gather all the necessary evidence to prove you can fulfil the requirements of the visa.
To take the next step forward with a family visa USA from the UK, get in touch with Total Law on 0333 305 9375, or complete the quick online enquiry form and we’ll call you back.
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Frequently Asked Questions
There are no limits on how many immediate relative immigrant visas are granted each year.
U.S. family preference visas however are subject to a fiscal year numeral limitation, ie a yearly cap.
U.S. family visas are usually issued in chronological order, which means that you may need to wait several months or even years before your application is processed.
The visa bulletin, released every year, provides an overview of the availability of U.S. family visas.
In order to be calssed as a “dependant”, your child or children must be under 21 years of age, be unmarried, and not be living an independent life.
30 days after they turn 21 years of age or once they get married, their visa status will automatically.
Yes, the F2B visa allows applications from unmarried sons and daughters of U.S citizens who are over 21 years of age. The F2B visa is a Green Card that falls into the family-based preference category.
You must be a Green Card holder and be living permanently in the U.S. You will need to sponsor your unmarried adult child via a visa petition being filed with the USCIS.
Upon acceptance of the petition, your child can begin the visa application process in their home country via the U.S. embassy or consulate.
The US family visas include immigrant visas that permit residency in the U.S. and non-immigrant or temporary family visas that grant you entry to the U.S, for a limited amount of time.
The U.S family visas include:
K1 Visa
K2 Visa – Child Dependent of a Fiance
K3 Spouse Visa
K4 Visa – Child Dependent of a Spouse
Family-Based Green Card
F2A Visa for Spouse and Children of US Green Card Holders
F2B Visa for Unmarried Adult Children
F3 Visa for Married Children of US Citizens
F4 Visa for Siblings of US Citizens
Green Card for immediate relatives of a U.S. citizen
IR1/CR1 Visa – Marriage Green Card
IR2 Visa – Children Green Card
I55 Visa – Green Card for Parents
Each U.S. family visa has different requirements, but to be eligible you must have a relative who is either a U.S citizen or a Lawful Permanent Resident.
To find out more about how to obtain a family visa USA from the UK get in touch with a Total Law immigration lawyer and we’ll assess your eligibility.
