GREEN CARDS:
A key way of acquiring Permanent Residence (green card) is through a relative who is a U.S. Citizen or Permanent Resident.

The following are Family-Based Visas available for Immigration Purposes:
·   A green card obtained by U.S. Citizen or Permanent Resident filing an I-130 Alien Relative Petition on behalf of a Relative
·   A K-3 Visa and K-4 Visa which enable the spouse and child of a U.S. Citizen to enter the USA while there is a pending I-130 Alien Relative Petition which has been filed
·   A K-1 Visa which enables US Citizens to bring their foreign fiancé(e)s to the United States in order to get married within 90 days of entry and pursue permanent residency

I-130 Petition:
Individuals who are immediate relatives of U.S. citizens are so preferred as candidates for immigration that, unlike most other candidates, no numerical limitation is placed on the number of immediate relatives of citizens who may become permanent residents in any one year.
The following foreigners qualify as immediate relatives of U.S. citizens:
• spouses of U.S. citizens where a U.S. citizen marries a foreigner
• children of U.S. citizens (provided child is unmarried and under the age of 21 years)
• parents of U.S. citizens (provided U.S. citizen child is 21 years of age or older)  

I-130 Petitions (continued):

Other groups of family members of citizens or permanent resident aliens are eligible to immigrate to the United States, but are not designated with status as "preferred" as immediate relatives of citizens. Therefore, these individuals are subject to a numerically-limited number of immigrant visas available to them each year. Given there are only a limited number of visas available, Congress has divided these groups into "preference" categories, ranking them in the order of preference for immigration. The higher the preference, the more efficiently a visa will be granted to the alien/foriegner.

The following categories are those which Congress has given Preference (listed in order of preference):

• unmarried sons and daughters of citizens
• spouses and unmarried sons and daughters of permanent resident aliens
• married sons and daughters of citizens
• brothers and sisters of citizens

K3 & K4 Visas:
To be eligible for a K-3 nonimmigrant visa, the individual must meet the following requirements:

1) Be the spouse of a United States citizen.

2) Have a pending Alien Relative Petition, Form I-130, filed with USCIS.

3) Have the intent to enter the United States in order to await the completion of the permanent residence process.

4) Have an approved Form I-129F, Petition for Alien Fiancé.  This form shall be forwarded by the USCIS to the United States consulate where the spouse wished to apply for the K-3 visa.  The consulate specified on the Form I-129F must be one of the following:

a) If the marriage occurred outside of the United States, the consulate where the marriage took place, OR

b) If the marriage occurred in the United States, the consulate with jurisdiction over the current residence of the alien spouse.

K-4 nonimmigrants are derivative beneficiaries of the K-3 nonimmigrant.  To be eligible for the K-4, the applicant must be unmarried, under 21 years of age, and be the child of the principle K-3 visa applicant or holder.  Separate Form I-130s and Form 1-129Fs are not required for the K-4 applicant.  However, in order to ensure that there are no problems during the adjustment of status process, it is recommended that the children’s I-130 be filed concurrently with the I-130 for the K-3 applicant.

K1 Visas:
The K-1 visa enables US Citizens to bring their foreign fiancé(e)s to the United States in order to get married and pursue permanent residency.

In order to obtain a K-1 Visa, the US Citizen petitioner must file the I-129F, Petition for Fiancé(e) Visa, with the appropriate regional service center of US Citizenship and Immigration Services (USCIS).

There are three basic requirements to receive a K-1 visa:

• The parties must have met in person within the past two years (in some cases this requirement can be waived)
• They must have a good faith intention to marry
• They must be legally able and willing to get married within 90 days of the alien's arrival in the US