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Navigating the F2A Visa: A Guide for Spouses and Children of Green Card Holders

Here are 6 visa updates in various countries effective September

An added challenge in the U.S. immigration procedure is quite complicated and this applies to families intending to reunite. The F2A visa brings in a chance for spouses and unmarried sons and daughters below the age of 21 of the U.S. green card holder to get PR status. Any student who intends to apply should acquaint himself with the process and requirements, as well as expected timeframe. Thus, this guide will seek to explain the F2A visa process to equip applicant’s with the necessary tools to deal with the most challenging aspects of immigration to the United States.

What is the F2A Category?

The F2A visa category is amongst the U.S. immigrant visa that targets the lawful permanent residents also known as green card holders, this is made up of their spouses and unmarried children below the age of 21 years. This visa enables the qualifying candidates of a particular family to reside and work in the United States as permanent residents. Perhaps, the most important factor that differentiates the F2A category from the other family based visas is quota; there are only a pre-set number of F2A visas granted throughout the year. This makes the process rather competitive, and the earlier it applies the better it is.

How to Apply for the F2A Visa?

Application for an F2A visa follows a procedural way, starting with the U.S. green card holder as the petitioner. The petitioner needs to fill USCIS Form I-130 Petition for Alien Relative before the Immigration of the alien relative to the United States. This form is used to prove the qualifying relationship between the petitioner and the beneficiary that is the spouse or child. Learn more: Form I-130 instructions.

 

I would like to note that after a green card petition has been approved by the USCIS, the case is forwarded to the National Visa Centre. The NVC moves the case to the ‘Stage 3’ where the beneficiary receives a visa number and is thus ready to complete the visa process.

 

The next procedures depend on the fact whether the beneficiary is within the territory of the United States or not. If the beneficiary is in another country, he or she will go through consular processing at a U.S. embassy or consulate. This involves filling a form called the DS 260 which is the immigrant visa application form and being interviewed. In the case the beneficiary is already in the U.S. they may apply for change of status to permanent resident through the filing of Form I-485, Application to Register Permanent Residence or Adjust Status.

 

You must also keep in mind that if your F2A visa through marriage to a permanent resident is approved before your 2nd marriage anniversary, you will obtain a conditional 2-year CR-6 green card category.

F2A Visa Checklist

In order to avoid such delays it is recommended to prepare all documents that have to be submitted according to F2A visa requirements adequately. Here is a checklist to guide applicants:Here is a checklist to guide applicants:

 

1. Petition for Alien Relative (Form I-130): It is filed by the green card holder intending to prove the recognized family relationship.
2. Proof of Relationship: Passport or driving license; marriage certificate for spouses or birth certificate for children.
3. Proof of Petitioner’s Status: The petitioner’s green card or naturalization certificate; A photocopy of the petitioner’s green card or the naturalization certificate.
4. Valid Passport: Another requirement of a beneficiary is that he or she must possess an up-to-date passport.
5. Form DS-260: If the applicant used the consular processing mode, then this form was filled as well.
6. Medical Examination and Vaccination Records: By a physician who has been accredited by USCIS to do so.
7. Affidavit of Support (Form I-864): The general rule is that petitioner needs to demonstrate his/her ability to support the beneficiary.
8. Passport-Style Photos: Visa photos are to be taken in accordance with the U.S. requirements for visa photos.
9. Additional Documents: Any other documents which may be required by the USCIS or consulate such as police clearance certificates, court records as well as evidence of continued marriage relationship.

F2A Visa Processing Time

It is not easy to state how long it will take to process an F2A visa as it depends on the region the petitioner resides in, the USCIS service center that is handling the case, and the current number of F2A visa applicants. On average, the entire process can take approximately 18 to 36 months of time duration, right from the I-130 petition to the issuance of visa. As stated earlier on, applicants should monitor the Visa Bulletin issued by the U. S. Department of State frequently to ascertain the numbers of visa available and the current priority dates that are being worked on. Delays may also be experienced due to delays at USCIS or at the NVC, or because of changes in the U.S. immigration laws.

 

The F2A visa plays a very important roles for the spouses and children of the U.S. green card holders to join their families in the United States. Therefore, through a general understanding of the F2A category, knowledge of how to apply, having all the required documents in order, and knowledge of the processing period, an applicant is more likely to go through the process a lot easier. One may seek further advice from an immigration lawyer, to confirm that all the applicable steps are being taken and that chances of facing challenges and thus be denied the permanent residency in the U.S. are minimized.

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