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Green Card through Family Members - Frequently Asked Questions

11.

Can my spouse come to the U.S. to live while the family based Green Card petition is pending?

Yes, your spouse may join you in the U.S. while the Green Card petition is pending in the following ways:

  • If you are a U.S. citizen, once you file Form I-130, Petition for Alien Relative, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle your spouse to come to the U.S. to live and work while the visa petition is pending. The form to file for this benefit is Form I-129F, Petition for Alien Fiance. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for your spouse to come to the U.S. more quickly
  • If you are a legal permanent resident and you have filed Form I-130, Petition for Alien Relative, for your spouse and/or minor children on or before 12/21/00, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since Form I-130, Petition for Alien Relative, was filed

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12.

How do I bring my parents to live in the U.S. on a family based Green Card?

There is a two-step process for your parents to become legal immigrants in the U.S.

  • United States Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition that you file for your parents
  • If your parents are:
  • Outside the U.S., they will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa
  • Legally inside the U.S., they may apply to Adjust Status to that of a lawful permanent resident using the Form I-485, Application to Register Permanent Residence or Adjust Status
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