Family reunification sponsorship is a common form of U.S. immigration for most Vietnamese people when they have relatives who are permanent residents or U.S. citizens.

However, each category of U.S. family reunification sponsorship has different requirements, documents, and waiting times.

In the following article, ImmiPath will share the secrets to successfully and quickly immigrating to the U.S. through family sponsorship. Read it now!

1. What are the Types of Visas for U.S. Family Reunification Sponsorship?

Currently, U.S. family reunification sponsorship laws offer several visa categories for those with relatives living in the United States. These include spouse sponsorship, parent sponsorship, child sponsorship, and sibling sponsorship.

1.1 Spouse Sponsorship to the U.S.

Sponsoring a spouse for U.S. immigration is one of the most common forms of sponsorship. Currently, spouse sponsorship is divided into two categories: for U.S. citizens (CR-1, IR-1 visas) and for U.S. permanent residents who hold a green card (F2-A visa).

a. For CR-1 and IR-1 Visas

While both the CR-1 and IR-1 visas are for spouse sponsorship, they follow different timelines.

CR-1 Visa (Conditional Resident): This visa is issued to couples who have been married for less than two years.

It is conditional, meaning that after arriving in the U.S. with a CR-1 visa, the spouse of the U.S. citizen will receive a 2-year green card. To stay longer, they must apply for a 10-year green card (permanent residency).

On the other hand, an IR-1 Visa (Immediate Relative) is granted to couples who have been married for more than two years. Upon arrival in the U.S. with an IR-1 visa, the sponsored spouse will receive a 10-year green card.

 

Spousal sponsorship is the most common form of immigration to the U.S.

b. For F2-A Visa 

The F2-A category is a type of spousal sponsorship visa similar to the CR-1/IR-1 visas, but it is specifically for U.S. permanent residents (green card holders).

In this case, a husband with a green card is allowed to sponsor his wife from Vietnam to come to the U.S. The sponsored spouse will receive a 10-year green card upon arrival and will become a permanent resident. After five years, they are eligible to apply for U.S. citizenship.

In this context, “spouse” refers to two individuals who have registered their marriage with an authorized agency in Vietnam or a third country.

For the F2-A category, the couple must be legally married. If a U.S. permanent resident is not legally married to their spouse, they cannot be considered a married couple for immigration purposes and therefore cannot file a spousal sponsorship application.

The processing time for the F2-A visa typically ranges from 2 to 3 years.

To apply for a CR-1 or IR-1 visa, applicants must go through consular processing, which involves submitting an application and attending an interview at the U.S. Embassy or Consulate in Vietnam.

 

Marriage-based sponsorship to the U.S. is processed the fastest.

1.2 Sponsoring Parents to the U.S.

If you are a U.S. citizen with parents in Vietnam, you may wish to bring them to live with you in the United States. This might be motivated by various factors, such as the desire to be closer to family, provide better healthcare, or ensure a higher standard of living.

Sponsoring a parent to the U.S. is typically done through the IR-5 visa, which allows U.S. citizens to bring their parents from Vietnam to the U.S. as permanent residents.

However, this visa is issued at a U.S. Embassy or Consulate in the foreign country where your parents reside. Additionally, you must be at least 21 years old to sponsor an IR-5 visa for your father or mother.

 

Sponsoring parents to the U.S. also falls under the family reunion category.

1.3 Sponsoring Children to the U.S.

Sponsoring children to immigrate to the U.S. can be done in two primary ways, depending on whether the sponsor is a U.S. citizen or a permanent resident.

• Visa F-1: This visa allows U.S. citizens to sponsor their unmarried children who are 21 years of age or older to immigrate to the U.S.
• Visa F2-A and F2-B: These visas are available to spouses and unmarried children under 21 years old of U.S. permanent residents (green card holders).
• Visa F-3: This visa allows U.S. citizens to sponsor their married children to immigrate to the U.S.

 

There are various types of visas for sponsoring children to the U.S.

1.4 Sponsoring Siblings to the U.S.

The F4 visa is part of the U.S. Family Preference Immigrant Visa category, specifically designed for U.S. citizens to sponsor their siblings to join them in the United States.

This visa allows for the immigration of siblings, along with their spouses and any unmarried children, if applicable.

Key benefits of the F4 visa include:

• Permanent Residency: Siblings of U.S. citizens can settle permanently in the U.S.
• Employment: They are permitted to work without restrictions.
• Education: They can study at U.S. educational institutions.

 

Due to its designation as a fourth-preference category, the F4 visa is subject to an annual cap. Only 65,000 of these visas are available each year, making it a highly competitive and potentially lengthy process.

 

Sponsorship of siblings to the U.S. falls under the fourth preference category in family reunion immigration sponsorship.

2. Conditions for Family-Based Immigration to the U.S.

The requirements for sponsoring a family member to immigrate to the U.S. vary depending on the type of visa, such as:

2.1 Conditions for Sponsoring a Spouse

The sponsor must be either a U.S. citizen or a lawful permanent resident (green card holder). The couple must be legally married and provide a valid marriage certificate.

The authenticity of the marriage must be demonstrated through evidence like photos, wedding pictures, flight itineraries, joint travel experiences, letters from family and friends attesting to the relationship, as well as emails or text messages between the couple.

• It Is essential to gather all correspondence, tickets, and photos to prove that the relationship is genuine.
• The sponsor must commit to financially supporting their spouse and submit an affidavit of support. They must prove they have the means to support their household at 125% of the federal poverty level. If the sponsor does not meet the income requirements, a joint sponsor can be used.
• The sponsor must have a residence in the U.S., meaning they must either live in the U.S. or prove that they plan to return to the U.S. with their foreign spouse.

 

2.2 Conditions for Sponsoring Parents

To qualify for an IR-5 visa for parents, the following conditions must be met:

• The sponsor must be a U.S. citizen and at least 21 years old.
• The sponsor must have the financial means to support their parents until they start working.
• The sponsor must reside in the U.S. and have a U.S. address.
• The sponsor must provide a copy of their birth certificate to prove the relationship between the sponsor and the parents.
• The sponsor must demonstrate the ability to support their parents at 125% of the federal poverty level.
• If the sponsor is a lawful permanent resident (green card holder), they are not eligible to sponsor their parents for a U.S. Green Card.

 

2.3 Conditions for Sponsoring Children

The conditions for parents to sponsor their children to the U.S. depend on whether the sponsor is a U.S. citizen or a green card holder, and the child’s status, which is categorized into under 21 years old or married and over 21 years old. Here’s a breakdown from ImmiPath:

a. For U.S. Citizens

If you are a U.S. citizen, you can sponsor the following children:

• Unmarried children under 21 years old
• Unmarried sons and daughters over 21 years old
• Married sons and daughters of any age

 

b. For Lawful Permanent Residents (Green Card Holders)

If you are a legal permanent resident (green card holder), you can sponsor the following children:

• Unmarried children under 21 years old
• Unmarried sons and daughters of any age

 

2.4 Conditions for Sponsoring Siblings

To bring your siblings to the U.S. for permanent residency, you must meet the following conditions:

• The sponsor must be a U.S. citizen and at least 21 years old.
• The sponsor must have siblings abroad and provide proof of this relationship through birth certificates or adoption papers. This can include biological siblings, half-siblings (same father or mother), step-siblings, or adopted siblings, and the sponsor must reside outside the U.S.
• The sponsor must live in the U.S. and have a valid address.

 

3. Steps to file a family-based immigration petition to the U.S.

U.S. immigration petitions are reviewed by the U.S. Citizenship and Immigration Services (USCIS).

Each type of family-based immigration petition to the U.S. goes through its own distinct processes; however, it generally includes the following stages:

• Step 1: Your sponsor will file a petition with U.S. authorities to start the immigration process. For family-based green cards, this petition is typically Form I-130, which establishes the family relationship between you and the sponsor.
• Step 2: The U.S. Citizenship and Immigration Services (USCIS) will review and aim to approve your petition. Once this is done, you will submit your formal application for a green card. If you haven’t done this through simultaneous filing, you will use Form I-485 to apply from within the U.S. or Form DS-260 to apply from outside the U.S.
• Step 3: If you are applying from within the U.S., USCIS will process your application and provide details about your fingerprint appointment. If you are applying from outside the U.S., your application will be processed by the local consulate, and you will provide your fingerprints as part of the consular interview. In both cases, you will also need to undergo a medical examination as part of the application process.
• Step 4: Both application processes require an in-person interview. After your application is processed, you will receive a notification about the date and time of your interview at the USCIS office (if applying in the U.S.) or at the U.S. consulate (if applying from outside the U.S.).
• Step 5: After the interview, you will be informed whether your application has been approved. If you apply from within the U.S., your green card will be mailed to you. If you applied through the consulate, your passport will be returned with a visa allowing you to enter the U.S.; once you arrive, your green card will be mailed to your U.S. address.

 

ImmiPath will assist you from the initial application through the final interview, guiding you through the consular interview process at a reasonable fee.

To obtain a family reunion visa to the U.S., you need to undergo an interview with a consular officer.

4. How Long Does it Take to Wait for a Family-based immigration petition to the U.S.?

Each type of family-based visa petition to the U.S. has a different waiting period. ImmiPath invites you to refer to the following table for wait times for family-based immigration petitions:

The time it takes for family reunion sponsorship to the U.S. is a common concern for many people.

As ImmiPath has outlined, there are 4 types of family-based immigration visas, each with different wait times.

Therefore, to ensure a smooth process and a successful interview with the consular officer, it is advisable to seek the services of a reputable and high-quality immigration consultancy.

If any required documents or evidence are missing or insufficient, your application may be returned, and the reunion process will be delayed.

If you have any questions about family-based immigration to the U.S., please comment below. The ImmiPath team will assist and advise with all the experience and dedication to help make your American immigration dream a reality.