Petition for Alien Relative

If you are a citizen or lawful permanent resident of the United States who wants to petition a family member for lawful permanent residence, you must first establish your relationship to the alien relative(s) who wish to immigrate to the United States (see Family Petitions). While you may petition more than one alien relative, a separate form must be filed for each.

Filing a Petition for Alien Relative and getting it approved by USCIS is only the first step in your relative's journey towards lawful permanent residence.   Your eligible relative must still wait for a visa number to become available before they can apply for a Green Card.  If, however, you are a U.S. citizen and your eligible relative is what USCIS considers an "immediate relative," (i.e. spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older), your eligible relative may apply for this Petition for Alien Relative and the Green Card simultaneously.  Keep in mind, though, that USCIS may approve one and deny the other.  

If you are considering petitioning a foreign relative, contact us today. We would be happy to answer any of your questions and guide you through the process.

Marriage and Fiance Visas

At The Toribio Law Firm, our Fiancé Visa Lawyers assist clients petition for fiancés and spouses whether they are already physically present in the United States or presently residing outside of the United States. The below is a brief outline of the fiancé and marriage visa process for aliens residing outside of the United States. For a description of the process for your fiancé or spouse who has already entered the United States please reference our adjustment of status reference addressing that alternative process.

K-1 VISA FIANCÉ VISA

K-1 visas permit U.S. citizens to bring their foreign fiancés into the United States in order to marry. Under a K-1 visa, your foreign fiancé is allowed to reside and work in the United States. Once your fiancé enters the U.S., you and your fiancé have 90 days to marry and apply for permanent residency.

In order to obtain a K-1 visa, certain requirements must be met, such as:

  • The petitioner must be a U.S. citizen
  • Both you and your foreign fiancé are free to get legally married
  • You met your fiancé within the past two years
  • Both you and your fiancé have intentions to marry within 90 days of your fiancé’s arrival in the U.S.
  • You meet the minimum income/financial requirement
  • Your fiancé does not meet any criteria that render him/her inadmissible to the U.S.

K-2 visas are available for your fiancé’s children who are under the age of 21 and not married.

Contact our Marriage and Fiancé Visa Attorneys. If you need to obtain a K-1 or marriage visa, it is extremely wise to hire an experienced immigration attorney to help you with your petition. One mistake or omission on your petition can cause a delay or denial of your fiancé or spouse’s visa. At The Toribio Law Firm, we will guide you through the application process, and help you fill out forms, submit documents, review your petition, and answer any questions or concerns you may have. We know first hand the many benefits U.S. citizenship can bring, and therefore work relentlessly to make sure you obtain the visa you need to remain with your loved ones.

MARRIAGE VISAS: K-3 VISA, CR-1, IR-1

Marriage Visas permit the spouses of U.S. citizens to lawfully enter and reside in the United States. Historically, many of these visas processed were K-3 visas which allowed the immigrant spouse to enter the Unites States in order to complete the immigration process. However, currently, K-3 visas are no longer being processed for a variety of reasons. Instead, Marriage Visas are currently processed as either CR-1 (Conditional Resident) or IR-1 (Immediate Relative ) Visa. The sole difference between these visas is the amount of time you have been married. If you have been married for two years or more at the time the visa is issued then you will receive an IR-1 visa. However, if you have been married for less than two years at the time of issuance then a CR-1 Visa will be provided.

Contact Us

Contact our marriage and fiancé visa attorneys and immigration lawyers at The Toribio Law Firm today for an initial consultation.

Family Petitions

United States citizens and permanent residents can assist their qualifying foreign relatives in petitioning for citizenship and permanent residency in the United States. In order for a foreign relative to become a lawful U.S. permanent resident, the following general criteria must be met:

  1. The foreign national applying for a visa or green card must have a relative who is either a U.S. citizen or a lawful permanent resident of the United States. The applicant’s relative must be able to show documentation of their status as a U.S. citizen or permanent resident, as well as proof of their relationship to the applicant
  2. The applicant’s relative must prove his/her financial income is 125% above the poverty line for his/her entire family, including the applicant. If the relative does not meet this financial criterion, then he/she can become a joint sponsor with another relative, or the applicant’s assets can be taken into account
  3. If the applicant’s relative is a U.S. citizen, he/she must prove that the applicant is his/her:
    • Child under the age of 21 years
    • Spouse
    • Unmarried son or daughter over 21 years old
    • Married son or daughter (any age)
    • Brother or sister of U.S. citizen (if sponsoring relative is at least 21 years old)
    • Parent of U.S. citizen (if sponsoring relative is at least 21 years old)
  4. If the applicant’s sponsoring relative is a U.S. permanent resident, he/she must prove that the applicant is his/her:
    • Husband or wife
    • Unmarried son or daughter of any age

If both the applicant and his/her relative meet these criteria, then the petitioning process can begin by filing a Petition for Alien Relative.

If you are interested in petitioning a foreign relative, contact our immigration attorneys at The Toribio Law Firm, PL for an initial consultation today.