☑️INTRODUCTION
Status of Immigration Visa: What Every Immigrant Visa Applicant Needs to Know
If you're planning to live in the United States permanently and are exploring your visa options, understanding the status of immigration visa categories is an essential first step. Whether you're applying through family sponsorship, employment, education, or humanitarian grounds, knowing the process and your rights under an immigrant visa is crucial.
This guide is specifically tailored for inpiduals who want to obtain an American visa. It introduces the main types of immigrant and nonimmigrant visas, explains who may apply, and outlines the steps you need to take—whether you're aiming for a Green Card, a family-based visa, a fiancé(e) visa, or a humanitarian status. As you read further, you'll learn what to expect in terms of eligibility, paperwork, interview preparation, and timelines. By the end of this article, you'll be equipped with the essential knowledge needed to navigate the U.S. immigration system more confidently and effectively.
☑️Family-Based Immigrant Visas (IR, F, and K Categories)
The protection of family unity is one of the core principles of the U.S. immigration system. Therefore, U.S. citizens and lawful permanent residents (Green Card holders) may apply for immigrant visas for certain family members. These visas grant the beneficiary the right to obtain a Green Card. Family-based immigrant visas are pided into two main groups: Immediate Relative (IR) visas and Family Preference (F) visas.
Immediate Relative visas include the spouses, unmarried children under 21, and parents of U.S. citizens and are not subject to annual numerical caps. In contrast, Family Preference visas apply to more distant relatives (e.g., married children, siblings) of U.S. citizens and to the spouses and unmarried children of Green Card holders; since these categories are subject to annual numerical limits, the visa wait times can be significantly longer.
1️⃣Immediate Relative Visas (IR)
This category includes the closest relatives of U.S. citizens and is not subject to numerical limitations, which means the process typically proceeds more quickly compared to other family categories. IR visas include:
- IR1/CR1: Foreign spouses of U.S. citizens
- IR2: Unmarried children under 21 of U.S. citizens
- IR5: Parents of U.S. citizens (provided the citizen petitioner is at least 21 years old)
2️⃣Family Preference Visas (F)
The Family Preference category includes more distant family members and is subject to annual visa caps. Therefore, waiting times may vary depending on the availability of visas in each category. The following subcategories are available:
- F1: Unmarried sons and daughters (over 21) of U.S. citizens
- F2A: Spouses and unmarried children under 21 of lawful permanent residents
- F2B: Unmarried sons and daughters (over 21) of lawful permanent residents
- F3: Married sons and daughters of U.S. citizens
- F4: Siblings of U.S. citizens.
Application and Procedure
Family-based immigrant visa applications follow a two-stage process:
Step One – Immigrant Petition (Form I-130):
The U.S.-based sponsor submits Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign relative. Documentary evidence proving the family relationship must accompany the petition.
Step Two – Visa Processing or Adjustment of Status:
- If the foreign national is outside the United States, once the I-130 petition is approved, the case is forwarded via the National Visa Center (NVC) to the appropriate U.S. Embassy or Consulate. The applicant must complete Form DS-260 (Immigrant Visa Application) and attend a visa interview.
- If the applicant is already in the U.S. and an immigrant visa is available based on their category, they may apply for Adjustment of Status by submitting Form I-485 to obtain lawful permanent residence (Green Card). This process is typically used when the inpidual is in lawful status in the U.S. and eligible for adjustment.
The process may require additional documentation, biometric data, medical examinations, and financial sponsorship via Form I-864 (Affidavit of Support), all of which are critical to the petition's validity and approval.
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☑️K Visas (Fiancé(e) and Spouse Visas – K-1 and K-3)
K visas are technically classified as nonimmigrant visas but are processed within the framework of family-based immigration. These special visa types allow U.S. citizens and their foreign fiancés or spouses to reunite in the U.S. before completing the full immigration process.
1️⃣K-1 Visa (Fiancé(e) Visa)
The K-1 visa permits a foreign national who is engaged to a U.S. citizen to enter the United States lawfully and marry the citizen within 90 days of arrival. This visa category is only available to U.S. citizens; lawful permanent residents (Green Card holders) are not eligible to petition for K-1 visas.
After a valid marriage is concluded within the 90-day period, the foreign spouse may apply for Adjustment of Status through Form I-485 in order to obtain lawful permanent resident status (Green Card). Although technically nonimmigrant, the K-1 visa is designed with the intention of leading to immigration.
2️⃣K-3 Visa (Spouse of U.S. Citizen)
The K-3 visa was designed to allow a foreign spouse of a U.S. citizen to enter the United States while the Form I-130 (Petition for Alien Relative) is still pending with USCIS. This visa allows the spouse to wait inside the U.S. rather than abroad.
However, in practice, Form I-130 is often approved faster than the K-3 visa process, and as a result, the K-3 visa is rarely used today and is frequently rendered moot.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
