This page describes how you (a U.S. citizen) may petition for certain family members to receive either a green card, a fiancee visa or a K-3/K-4 Visa based on your relationship. (If your relative wishes to naturalize or obtain proof of citizenship, see the “Citizenship” section of our website.)
Eligibility
In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green cardholder.
How to Bring your Spouse to the United States
You are a: | Your spouse is: | How to Apply |
U.S. citizen | Inside the United States (through lawful admission or parole) | File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information. |
Outside the United States | File Form I-130, Petition for Alien Relative.
When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information. |
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Green card holder (Permanent resident) | Inside the United States (through lawful admission or parole) | File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information. |
Outside the United States | File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information. |
If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Military” section of our website.
To complete the process, the petitioner must submit:
If you are a green card holder (permanent resident), you must demonstrate your status with:]
The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined asa “son” or “daughter”.
Eligibility Requirements
If you are a… | You may petition for… |
U.S. citizen | · Children (unmarried and under 21) · Unmarried sons and daughters (21 or over) – Your son or daughter’s child(ren) may be included on this petition. · Married sons and daughters (any age) – Your son or daughter’s spouse and/or child(ren) may be included on this petition. |
Permanent resident (green card holder) | · Children (unmarried and under 21) – Your child’s child(ren) may be included on this petition. · Unmarried sons and daughters (21 or over) – Your son or daughter’s child(ren) may be included on this petition. |
A more detailed description of who is considered a “child” in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the “Military” section of the website. Eligibility If you are a U.S. Citizen who is at least 21 years old, and your… Then you must submit… mother lives outside the United States, father lives outside the United States, father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday, father lives outside the United States and you were born out of wedlock and were legitimated by your father before your 18th birthday, petition is filed to bring your step-parent to live in the United States, petition is filed to bring your adoptive parent to live in the United States, Note: If your name or your parent’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.) Eligibility This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry. Eligibility Requirements
Required Documentation
Bringing Parents to Live in the United States as Permanent Residents
To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States.
The table below describes what steps you must take to petition depending upon your circumstances:
Bringing Siblings to Live in the United States as Permanent Residents
To petition to bring your sibling (brother or sister) to live in the United States as a green card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States.
Required Documentation
To successfully complete the process, the U.S. citizen petitioner (i.e. the sponsor) must submit:
Fiancé(e) Visas
If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa. See the “Green Card” page.
Application Process
If you petition for a fiancé(e) visa, you must show that:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.