Spouses and Parents of U.S. Citizens

Family members of United States citizens or lawful permanent residents may become lawful permanent residents through the immigration process. The relationship between the person coming to the United States and the person already here determines how long the immigration process will take. These different processes and wait times are described further below.

The fastest immigration process involves a U.S. citizen's spouse or parents. Once the initial paperwork is filed the proccess lasts about six months. The spouse or parents have a short interview at the U.S. consulate in the country they live in and a few weeks later the spouse or parents are able to enter the United States.

Once the spouse or parents enter the United States, they automatically become lawful permanent residents. Parents may become citizens in five years. A spouse may become a citizen in as little as three years depending upon certain circumstances which should be discussed when you meet with the attorney.

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Fiancee Visa top

Fiancee visas are a special type of visa available under limited circumstances. Process times vary widely depending upon what country the fiancee is from and what type of fiancee visa is sought. In very general terms, the process takes approximately one year. In most cases it is required that the U.S. citizen or lawful permanent resident and the fiancee have met face to face. When filing for a fiancee visa proof of the face to face meeting will be required. Additionally, proof should be submitted demonstrating the intent to marry once the fiancee enters the United States.

Once the process is commenced in the United States, the fiancee will be required to submit documents to the embassy or consulate in his or her home country. We help the fiancee complete these documents and allow the fiancee to review the documents over the Internet. The next step is an interview for the fiancee at the embassy or consulate. If the interview is successful then the fiancee is given a visa. Once the fiancee enters the United States the couple needs to get married and then apply for a Lawful Permanent Resident Card (often referred to as a Green Card).

The fiancee is given a Conditional Permanent Resident Card that expires in two years. After that point, the couple will need to demonstrate that they are still living together as a married couple. The fiancee will then have the conditional status removed and be given a ten year card. The fiancee will be eligible to apply for U.S. citizenship three years from the date of the conditional card.

Other Family Members top

Family members other than spouses and parents of U.S. citizens may also become lawful permanent residents. These family members must be siblings or children of the U.S. citizen or lawful permanent resident. Farther removed relatives such as uncles, aunts, cousins, nieces, or nephews may not become lawful permanent residents under the current set of laws.

Once an application for a relative is approved, the relative must wait until a visa number becomes available. Once the visa number is assigned, the family member may enter the United States. The Department of State categorizes family members into four groups as represented by the graphic below. The monthly visa bulletin shows current visa number assignments are according to where a family member lives.

As a full service law firm we complete the immigration paperwork in the United States and also help the relative complete paperwork, review documents on line, and prepare for the interview. In some circumstances, the entire process of getting a Lawful Permanent Resident Card can be completed while both family members are in the United States. The attorney will explain the details of this possibility during the initial consultation. As part of the process several documents may be needed including:

• Passports
• Tax returns for the past three years
• Birth certificates
• Marriage certificates
• Death certificates
• Divorce judgments

The process involves additional information such as addresses and employment history for the past five years. An interview, either in the United States or in the relative's home country, will also happen.