Family-Based Immigration: A Comprehensive Guide to Consular Processing, Fiancé Visas, and Adjustment of Status

Embarking on the journey of family-based immigration is a significant chapter in the lives of many individuals, filled with hope, reunions, and the promise of a shared future. As you navigate this intricate path, it's essential to understand the various options available to bring your loved ones to the United States.

Consular Processing

This is the most basic of the family-based petitions, you can use this method to sponsor anyone in your immediate family: biological parents, biological children, adopted children, spouse, and siblings. Because this method typically requires the least amount of steps to get a green card, it is generally the cheapest method of sponsoring your loved ones.

In this instance, the beneficiary (your loved one) will be in the country of origin, and the petitioner (you) are living in the United States. 

Pros of Consular Processing

1. Clearance Before Entry:  Consular processing involves obtaining an immigrant visa from a U.S. embassy or consulate in the home country. This means that your family member is pre-cleared before entering the U.S.

2. Predictable Timeline: While processing times vary, consular processing often follows a more predictable timeline compared to other methods.

Cons of Consular Processing

1. Separation During Processing: The family members must remain outside the U.S. during the visa application process, leading to a period of separation.

2. Potential Delays: The process might encounter delays due to administrative issues, security checks, or additional documentation requirements.

It is worth noting that, while the application is processing it is unlikely (but not impossible!) that the family members will be able to successfully apply for any other visas to enter the United States. 

Processing Time and Costs

The processing time for consular processing can range from 18 months to over a couple of years. Costs include visa application fees, medical examination fees, and other miscellaneous expenses associated with the visa interview.

This is sometimes the only method to get your family members legal permanent residence status if they are located outside of the United States.

Fiancé Visa (K-1 Visa)

As the name suggests, this is available only for your future spouse.

Key word is future, that means if you married your spouse already, they are automatically disqualified from this method.

This method has a few steps:

1. applying for the K1 visa to get your fiancé to stateside

2. getting married in the United States within 90 days

3. adjusting their status from K1 to Legal Permanent status.

While it has a few extra steps, it does provide a few unique benefits.

Pros of a Fiancé Visa (K-1 Visa)

1. Faster Entry: The fiancé visa allows the foreign national to enter the U.S. more quickly to marry their U.S. citizen petitioner.

2. Adjustment of Status After Marriage: Once married, the foreign national can apply for adjustment of status without leaving the U.S.

Cons of a Fiancé Visa (K-1 Visa)

1. Limited Eligibility: Only fiancés of U.S. citizens are eligible for this visa, and the couple must marry within 90 days of the foreign national's entry.

This is typically the most expensive of all the methods, mainly because there are so many steps to this process. But if you want to get your fiancé over to the United States as soon as possible and money is not an issue, this is typically the best method.

Processing Time and Costs: Fiancé visa processing times can vary, but it often takes several months. Costs include petition filing fees, medical examination fees, and adjustment of status fees after marriage.

Adjustment of Status

This is the quintessential method of obtaining a green card. This is simply the process of sponsoring someone who is already in the United States and converting their current visa/status (or lack thereof) to a green card.

Pros of Adjustment of Status

1. Stay in the U.S.: Adjustment of status allows the foreign national to remain in the U.S. while their green card application is pending.

2. No Separation: Unlike consular processing, adjustment of status does not require the family members to wait outside the U.S. during the application process.

Cons of Adjustment of Status

1. Strict Eligibility Criteria: The petitioner must have a qualifying family relationship, and eligibility criteria must be met.

2. Lengthy Processing Times: Depending on the USCIS workload, processing times can be lengthy.

While you are adjusting the status of your loved ones, they cannot leave the United States without expressed permission from USCIS. If they do leave without permission, their application is automatically rejected. They may not receive the letter instantly and it may take up until the actual interview when USCIS realizes that there was an exit after the application that they will reject the application. 

Processing Time and Costs: Processing times for adjustment of status can also vary, but it generally takes several months to a year. Costs include the application filing fee, biometrics fee, and any additional fees associated with the process.

Choosing the right pathway for family-based immigration depends on individual circumstances, preferences, and the specific relationships involved. Each option has its advantages and challenges.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!