Spouse

• In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green card holder.

Children

• The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a “son” or “daughter”.

• If you are U.S. Citizen

          o   Children (unmarried and under 21)

          o   Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.

          o   Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition.

• If you are a permanent resident (Green card holder)

          o   Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition.

          o   Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.

• Please contact our office for details regarding who is considered a "child" in the immigration process.

Parents

• To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

Siblings

• To petition to bring your sibling (brother or sister) to live in the United States as a green card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States.

K3-K4 Visa

• If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

• If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:

        o   Is married to you;

        o   Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and

        o   Seeks to enter the United States to await USCIS’ decision on the Form I-130.

• A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

        o   Under 21 years of age;

        o   Unmarried; and

        o   The child of the K-3 visa applicant you filed for.