US Relatives - Wilco Consulting

Relatives, adoption and fiancé(e)

Relatives

You may qualify for a green card through relatives if you fall into one of the following categories:

Immediate relative of a U.S. citizen;
Preference relative of a U.S. citizen or green card holder, or
Accompanying relative of someone in a preference.

1) Immediate Relatives are defined as:

A spouse;
Unmarried people under the age of 21 who have at least one U.S. citizen parent;
Parents of U.S. citizens, if the U.S. citizen child is over the age of 21;
Step children and stepparents, if the marriage creating the stepparent/stepchild relationship took place before the child’s 18^th birthday, or
Parents and children related through adoption, if the adoption took place before the child reached the age of 16.

2) Preference Relatives

Family first preference – Unmarried people, any age, who have at least one parent who is a U.S. Citizen.
Family second preference – 2A: A spouse and children under 21 years old, of a green card holder; 2B: Unmarried children of a green card holder who are at least 21 years old.
Family third preference – Married person(s) of any age, who have at least one parent who is a U.S. citizen.
Family fourth preference –Sibling(s) of U.S. citizens, where the U.S. citizen is at least 21 years old.

3) Accompanying Relatives

If you get a green card as a preference relative and you are married or have unmarried children below the age of 21, your spouse and children can automatically get green cards as an accompanying family member simply by proving their family relationship to you. However, if you qualify as an immediate relative, they cannot.

Process of getting a Green Card Through a Relative

Step One: The Petition

The petition is filed in most cases by your sponsoring relative. The object of the petition is to establish that you are who you say you are: namely, the relative of a qualifying sponsor.

Step Two: The Application

The application is filed by you and your accompanying relative(s). (If any.) This application is your formal request for a green card.

Adoption

The most significant requirement is that the adoption must have taken place before the child’s 16^th birthday. When an adopted child has a parent who is U.S. citizen or green card holder, the child may get a green card on the basis of the family relationship with that parent. It is not required that both adopting parents be U.S. citizens or green card holders. Only one parent need act as petitioner for the child’s green card.

Process of getting a Green Card for an adopted child:

Step One: The Petition

The petition is filed by the adopted parent, who is a U.S. Citizen. The object of the petition is to establish that the parent is a U.S. citizen and is qualified to adopt a foreign child and that the child is legally available for adoption.

Step Two: The Application

The application is technically filed by the child, although normally an adult, either the adopting parents, private attorneys or foreign adoption officials, will actually do all of the paperwork on the child’s behalf. This must be carried out in the child’s home country at a U.S. consulate there.

Step Three: Paperwork

There are two types of paperwork you must submit to get a green card for an adopted child. The first consists of the official government forms completed by you. The second is personal documents such as birth, adoption and marriage certificates.

Fiancé(e)

If you intend to marry a U.S. citizen, your fiancé may bring you to America for that purpose with a K-1 visa. A K-1 visa has no real value other than to act as a preliminary step in getting permanent residence status in the United States. To get a K-1 visa, the petitioner must be a U.S. citizen and both members of the couple must be legally able to marry.

Process of getting a K-1 visa:

Step One: The Petition

The petition is filed by your fiancé who is a U.S. citizen. The object of the petition is to prove three things:

You have a bona fide intention of marrying a U.S. citizen within 90 days after you arrive in the U.S.;
Both parties are legally able to marry, and
You have physically met each other within the past two years.

Step Two: The Application

Step Two must be carried out at a U.S. consulate in your country of residence. The objective of the K-1 visa is to allow you entry into the U.S. for the purpose of marrying. If you are already in the U.S., getting a K-1 visa is unnecessary.

Step Three: Paperwork

There are two types of paperwork you must submit to get a fiancé visa. The first consists of official government forms completed by you or your fiancé. The second is personal documents such as birth and marriage certificates.