You may petition for your “immediate relatives” who are defined as spouse, unmarried children under 21 years old, and parents, if you are 21 or over. For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa.
You can also petition for family members who are not your “immediate relatives”, including sons and daughters (married and/or 21 or over) and siblings, if you are 21 or over. Those relatives are within different preference categories and visas are not always available. Check the visa availability and current priority date with your attorney.
Yes. Once the petition is filed and its status is pending, your spouse is allowed to live in the United States under a K-3 Visa. Your spouse may also work here under this type of visa. However, she may also choose to wait abroad for the petition to be approved.
As a Green Card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.
You May Petition For The Following Family Members:
When petitioning for your relative, the following preference categories apply:
A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed).
