FAMILY VISAS

The Law Office of Brian T. O’Neill can counsel you through the process of assisting Family Members who are attempting to travel to the USA.

Dependent Family Member Visa Options?

If you are the dependent of a spouse or parent who is extending his or her non-immigrant visa status in the USA, then you should be aware that you are required to file an application to extend your dependent status. This applies to the spouse and children of E-1, E-2, E-3, F- 1, H-1, L-1, O-1, P-1, R-1 and TN visa holders. If you fail to timely file an application to extend dependent status, you will fall out of status and become removable from the USA.

About the K-1 Fiance(e) Visa?

A K-1 visa is a non-immigrant visa issued to the fiancé(e) of a US citizen to enter the USA. The US Citizen must file a petition on behalf of their future spouse. Once the foreign fiancé(e) receives the Fiance(e) Visa , they must marry their US citizen petitioner within 90 days of entry into the USA, or leave the USA. Once the couple marries, the foreign citizen can adjust status to receive their green card.

Who can File?
  • US citizens who want to bring a foreign fiancée to the USA so that they can be married and live in the USA.
  • Fiance(e)’s of US citizens who will enter the USA and marry the US citizen within 90 days.

Once the Fiance(e) has entered the USA and married within the 90 days, the spouse can file for adjustment of status, which is a green card or permanent residency status based on the bona fide marital relationship and evidence in support thereof.

K-3/K-4 & V-1/V-2 Entry Visa for Spouse or Child?

The spouse and children of US citizens and Lawful permanent Residents may have visa options that enable them to enter the USA without first obtaining a green card.

The K-3/K-4 visas are reserved for the spouse and children of US citizens, while the V-1/V- 2 visas are reserved for the spouse and children of lawful permanent residents. In order to qualify for either a K-3/K-4 visa or V-1/V-2 visa, the US sponsor must have previously filed an immediate relative petition on behalf of the relative. The K-3/K-4 and V-1/V2 visa holders may enter the USA while the immediate relative petition is pending and apply for a Green Card from inside the USA, after the immediate relative petition is approved.

Certain timing requirement must be met in order to qualify for either a K-3/K-4 or V-1/V-2 visa status. A fiancée of a US citizen may receive a K-1 visa to enter the country for the purpose of getting married to a US citizen within 90 days of arrival. If the marriage does not occur within the 90 day window, the foreign national must depart the country. Unmarried, minor children of K-1 fiancee’s are eligible for K-2 visa. K-1 and K-2 visa holders may apply for a Green Card from inside the US, as long as the K-1 visa requirements are met.

Following to Join Family Members

This process is appropriate for individuals who have adjusted status to lawful permanent residents in the USA and whose family member(s) will apply for an Immigrant Visa at a US Consulate abroad. This process is called ‘follow to join’ family member.

Eligibility Requirements?
​
  • The foreign family member must be a spouse or unmarried child (under the age of 21) of the US Green Card holder
  • If the foreign family member is a spouse, the marriage must have occurred before the Primary Applicant became a Lawful Permanent Resident
  • If the foreign family member is a child, the child must be born before the primary applicant was granted Lawful Permanent Residency to qualify as a following to join beneficiary.
  • NOTE: individuals who married a lawful permanent resident AFTER he or she obtained a green card, do NOT qualify to follow to join, nor do the children who were born after their parent became a lawful permanent resident.

Call the Law office of Brian T. O’Neill at 617-722-4000 or contact us online. We will gladly answer your questions or schedule a consultation.