Family Visa USA from The UK

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.

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.

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.

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.

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.