Applications for family reunification immigration in the United States are divided into two categories: those with cooperation restrictions and those without quota restrictions. Below, we will provide a detailed introduction to all categories of family reunification immigration in the United States:
Visa categories not subject to visa quota restrictions
IR/CR1: Spousal Visa
U.S. citizens can apply for an immigrant visa for their foreign spouse by filing Form I-130 with the U.S. Citizenship and Immigration Services. If the U.S. applicant has resided in China for more than six months, they may choose to process the I-130 immigrant visa application at the nearest U.S. Citizenship and Immigration Services office in Beijing or Guangzhou. If the beneficiary's marriage to the U.S. applicant is less than two years before immigrating to the United States, the approved immigrant visa will be in "conditional status" (CR1 visa form). If the marriage duration exceeds two years, the immigrant visa status will fall under the IR1 category.
IR/CR2: Child Visa
U.S. citizens can apply for an immigrant visa for their foreign children or stepchildren by filing Form I-130 with the U.S. Citizenship and Immigration Services. Please note: To establish a qualifying parent-child relationship with non-biological children, the U.S. Immigration and Nationality Act requires that the marriage between the U.S. applicant and spouse must occur before the child turns 18. Therefore, if the U.S. applicant remarries and their stepchild is over 18 years old, they will no longer qualify for the IR2 category of immigration application. Under certain conditions, children born overseas to U.S. citizens may apply directly for U.S. citizenship without needing an immigrant visa to enter the U.S.
IR3/IR4: Adoption Visa
IR3 and IR4 categories are visas issued for children adopted by U.S. citizens. The application process for these two categories of visas differs from other immigration categories. According to the laws of mainland China, it is prohibited for children in mainland China to be privately adopted by foreigners. Foreigners wishing to adopt Chinese children must apply to the Ministry of Civil Affairs of China and can only adopt children designated by the Ministry after obtaining permission.
IR5: Parent Visa
Parents of U.S. citizens are also considered immediate relatives. U.S. citizens can apply for an immigrant visa for their parents by filing Form I-130 with the U.S. Citizenship and Immigration Services.
K1: Fiancé(e) Visa
If a U.S. citizen wishes to apply for their future spouse to come to the United States and marry in the U.S., they can apply for a K-1 visa (also known as a "fiancé(e) visa") with the U.S. Citizenship and Immigration Services. K-1 beneficiaries' minor children (under 21 years old) may also apply using the same Form I-129F and be issued a K-2 visa to enter the U.S. If the K-1 beneficiary is eligible for this visa, they must also plan to marry the U.S. applicant within 90 days of entering the U.S. Please note: The K-1 visa is a one-time entry non-immigrant visa. If the beneficiary wishes to obtain immigrant status, they must marry the U.S. applicant within 90 days of entering the U.S. and then apply to the local U.S. Citizenship and Immigration Services for a CR1 immigrant status. If the beneficiary leaves the U.S. without converting to CR1 status, they will not be allowed to re-enter the U.S. on the same visa. The approved K-1 visa application is valid for four months. If the application expires, the consular officer may, at their discretion, grant an additional four months of validity.
Note: The deadline for the K-2 visa is within one year from the date of approval of the primary applicant's visa. After this date, K-2 beneficiaries will no longer be eligible for this visa.
K3: Spousal Non-Immigrant Visa
To allow U.S. citizens to reunite with their foreign spouses and children as soon as possible during the immigration application process, the U.S. Congress added the K3 visa category in 2000. U.S. applicants wishing to apply for this visa can submit Form I-129F for K3 non-immigrant visa application after filing the I-130 immigrant application with the U.S. Citizenship and Immigration Services. K-3 beneficiaries' minor children (under 21 years old) may also enter the U.S. by submitting the same Form I-129F and being issued a K-4 visa. K-4 beneficiaries cannot share the same I-130 immigrant application with their K-3 beneficiaries. Therefore, U.S. applicants need to ensure that each stepchild has an independent I-130 immigrant application.
Due to the long wait time for transitioning from K3 status to IR/CR1 status in the U.S., beneficiaries usually choose to process the IR/CR1 visa instead of the K3 visa once their IR/CR1 immigration application file reaches the consulate.
Visa categories subject to visa quota restrictions
F1: Visa for Unmarried Adult Children of U.S. Citizens (21 years and older)
U.S. citizens can apply for F1 immigrant visas for their unmarried foreign children by filing Form I-130 with the U.S. Citizenship and Immigration Services. The primary beneficiary's unmarried children under 21 years old can also benefit from this immigration application. Please note: If the primary beneficiary gets married, the U.S. applicant must submit a notarized copy of the beneficiary's marriage certificate and a copy of the beneficiary's spouse's birth certificate to the U.S. Visa Center. The beneficiary's F1 immigration status will automatically convert to F3.
Mainland Chinese applicants need to wait approximately five years to obtain this visa.
F2A: Visa for Spouses and/or Children of U.S. Green Card Holders (under 21 years old)
U.S. green card holders can apply for F2A immigrant visas for their foreign spouses and unmarried children under 21 years old by filing Form I-130 with the U.S. Citizenship and Immigration Services. Here, it is strongly recommended that U.S. applicants establish independent I-130 immigrant application files for each beneficiary family member to ensure that if the applicant becomes a U.S. citizen before the beneficiary's F2A immigrant visa is approved, the beneficiary's children can still retain their immigration eligibility. When F2A U.S. applicants become U.S. citizens, their beneficiary children will no longer be considered accompanying beneficiaries under the primary beneficiary's immigration visa category, as IR1 immigrant visas do not allow accompanying beneficiaries.
Please note: If the U.S. applicant becomes a U.S. citizen, they must submit a notarized copy of the naturalization certificate to the U.S. Visa Center. The immigration status of the U.S. applicant's spouse will automatically convert to IR1; if the U.S. applicant's beneficiary children have independent I-130 immigration files, their immigration status will automatically convert to IR2.
Currently, mainland Chinese applicants need to wait approximately three years to obtain this visa.
F2B: Visa for Unmarried Children of U.S. Green Card Holders
U.S. green card holders can apply for F2B immigrant visas for their foreign unmarried children by filing Form I-130 with the U.S. Citizenship and Immigration Services. These foreign unmarried children must be over 21 years old at the time of application.
Please note: If the U.S. applicant becomes a U.S. citizen, they must submit a notarized copy of the naturalization certificate to the U.S. Visa Center. The beneficiary's immigration status will automatically convert to F1.
Mainland Chinese applicants need to wait approximately eight years to obtain this visa.
F3: Visa for Married Children of U.S. Citizens
U.S. citizens can apply for F3 immigrant visas for their married foreign children by filing Form I-130 with the U.S. Citizenship and Immigration Services. The primary beneficiary's spouse and unmarried children under 21 years old can also benefit from this immigration application. Please note: If the primary beneficiary gets divorced, the U.S. applicant must submit a notarized copy of the beneficiary's divorce certificate to the U.S. Visa Center. The beneficiary's F3 immigration status will automatically convert to F1.
Mainland Chinese applicants need to wait approximately seven years to obtain this visa.
F4: Visa for Siblings of U.S. Citizens
U.S. citizens can apply for F4 immigrant visas for their foreign siblings by filing Form I-130 with the U.S. Citizenship and Immigration Services. The primary beneficiary's spouse and unmarried children under 21 years old can also benefit from this immigration application.