Visas for Fiancé(e)s of U.S. Citizens I-129F
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.
In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a fiancé(e) visa. Go to the Bringing Spouses to Live in the United States as Permanent Residents page for more information about how to help your foreign national spouse apply for a Green Card.
Visas for relatives of US Citizen I-130
As a citizen of the United States, you may help a relative become
a lawful permanent resident of the United States by obtaining what
is often referred to as a “Green Card.” To do so, you need to sponsor
your relative and be able to prove that you have enough income
or assets to support your relative(s) when they come to the United
You begin the process by filing Form I-130, Petition for Alien
Relative. This form establishes the family relationship that exists
between you and your relative. Filing instructions and forms are
available on our Web site at www.uscis.gov. Sometimes the I-130
can be filed together with an application for permanent residence
(Form I-485, Application to Register Permanent Residence or Adjust
Status). This is discussed below.
Which relatives may I petition for?
A U.S. citizen can file a petition for the following relatives:
• Husband or wife;
• Children, married or unmarried.
A U.S. citizen who is at least 21 years or older may also petition for
the following relatives:
• Brothers or sisters.
When you submit your petition, you are required to provide evidence
to prove your relationship to the person for whom you are filing.
What Is the Purpose of Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to
apply for lawful permanent resident status. Throughout these Instructions, we will sometimes refer to Form I-485 as an
application for adjustment of status or as an adjustment application.
Who May File Form I-485?
The Immigration and Nationality Act (INA) and certain other Federal laws provide many different ways to adjust status to
that of a lawful permanent resident. This is often informally referred to as applying for a “green card.”
The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying
under. For more information on adjustment of status eligibility and discretion, go to the U.S. Citizenship and Immigration
Services (USCIS) website at www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status.
Furthermore, you must be physically present in the United States to file this application.
You may apply as the person who directly qualifies for an immigrant category (“principal applicant”) or, in some cases, as
a family member of the principal applicant (“derivative applicant”). Whether you are a principal or derivative applicant,
you must file your own Form I-485.
1. Principal Applicant
The principal applicant is usually the individual named as the beneficiary of an immigrant petition or who is otherwise
qualified to adjust status. A principal applicant must designate which immigrant category he or she is applying under
by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers
1.a. – 1.g.
Each category has specific requirements for adjustment of status. In addition to these Instructions, read the
Additional Instructions (found after the Form I-485 Main Instructions) for your immigrant category to determine
if any additional requirements apply to you.
2. Derivative Applicant (files based on a principal applicant)
A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible
to apply for adjustment under the same immigrant category as the principal applicant. These family members are
called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying
under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item
Numbers 1.a. – 1.g.
Some immigrant categories do not allow for derivative applicants, while a few categories allow additional family
members to apply as derivative applicants. See the Additional Instructions for more details.
Under U.S. immigration law, you are a “child” if you are unmarried, under 21 years of age, and meet the definition of
“child” found in the INA and USCIS policy guidance. Visit www.uscis.gov/tools/glossary for more information on
the definition of “child.” You may still be considered a child for immigration purposes even after turning 21 years of
age if you qualify under the provisions of the Child Status Protection Act (CSPA). For more information on CSPA,
3. Other Immigrant Categories
If you are filing for adjustment of status based on an immigrant category not listed in Part 2., Item Numbers
1.a. – 1.g., select the “Other Eligibility” box in Item Number 1.g. and type or print the immigrant category you are
applying under. These immigrant categories include, but are not limited to:
A. Special immigrants not listed in Part 2., Item Number 1.c. (for example, certain U.S. armed forces members,
Panama Canal Zone employees, and physicians);
B. Polish or Hungarian parolee;
C. Private immigration bill signed into law; and
D. Registration of lawful permanent residence status based on a presumption of lawful admission.
Contact Amervisa today to set up a free consultation at 310 945 5998.
April 18, 2018
Adjustment of Status, California immigration, Fiancee Visa, Green Card Marriage, I-129F, I-130, I-485, Immigration Attorney, Immigration Attorney Luiza A. Miller, Immigration Law, Immigration Lawyer, Naturalization, US Citizenship
Tagged Adjustment of Status, Fiancee Visa, Green Card, I-129F, I-130, I-485, Marriage Visa, relatives visa, U, US Citizenship