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Family-Based Visa Petitions

FAMILY-BASED VISA PETITIONS

WHAT FAMILY MEMBER CAN I PETITION FOR?

 I HAVE A GREEN CARD, (I AM A LEGAL PERMANENT RESIDENT) WHO CAN I PETITION FOR IN MY FAMILY?

● My children who are unmarried and under 21
● My unmarried children who are 21 or older

I AM A U.S. CITIZEN, SO I CAN PETITION FOR

● My spouse
● My parents (only if I am 21 or older)
● My children who are unmarried and under 21
● My unmarried children who are 21 or older
● My married children of any age
● My siblings

CAN I PETITION FOR A STEPCHILD?

YES, SO LONG AS THE MARITAL RELATIONSHIP WAS FORMED BEFORE THE CHILD TURNED 18.

Examples:

Maria’s mom married Juan when Maria was 17. If Juan is a U.S. citizen or a green card holder, he can petition for Maria as his step-child.

Maria is a U.S. citizen. If her mom married Juan when Maria was 17, Maria can petition for Juan as her step-parent once she turns 21.

If Maria’s mom married Juan after Maria turned 18, there is no step-parent/step-child relationship for immigration benefits.

CAN I PETITION FOR A FIANCE?

IF THEY ARE IN THE U.S.:

No. You will have to wait until you are married to file a visa petition.

IF THEY ARE ABROAD:

If you are a U.S. citizen, you can petition for your fiancé (the person you plan to marry) by filing Form I-129F which is found at www.uscis.gov.


If you are a green card holder, you cannot petition for a fiancé; you can only file a petition once you get married.
In your petition, you will need proof that you have physically visited your fiancé within the past 2 years and will also need a statement from both of you saying that you intend to marry within 90 days of your fiancé coming to the U.S. You will also need to include some proof of the relationship (letters, photos, plane tickets, letters from people who know you, etc.). This is to show that you have a real fiancé relationship.