Florida Immigration Attorneys

Non-immigrant Visa for a Spouse with a Pending Form I-130

Can I Petition My Non-Citizen Spouse to Come to the U.S.? 

Form I-130, Petition for Alien Relative, is the immigration form which allows an American citizen or legal permanent resident to register his or her non-citizen spouse for the purpose of applying for a green card that provides lawful permanent residency here in the U.S.

In cases where the non-citizen spouse has already gained legal entry into the states, an adjustment of status will need to be filed along with the Form I-130 petition to start the green card process.

Can I Petition My Spouse's Children to Enter the U.S.?

Should you wish to have your spouse and his or her children be admitted to the U.S. prior to obtaining a final decision on the Petition for Alien Relative, they may be able to apply for entry through a K-3 or K-4 nonimmigrant visa.

For the children to be eligible:

  • Your spouse must show proof of your marriage and documentation of a pending Form I-130.
  • The children may be eligible providing they are unmarried, under the age of 21 and can clearly show they are the child of a K-3 nonimmigrant visa applicant.

How Long Does the I-130 Application Take to Process?

Filing the petition establishes your place in the line for the next available green card. The processing time can vary depending on the family relationship. On average, it can take anywhere from 13 to up to 20 months for immediate relatives. In some cases, it can take up to 20 years for certain relatives of a lower family priority. 

Step-by-Step Guidance Through the Immigration Process

There are numerous forms and petitions involved in the immigration process, so it is advised that you obtain skilled legal representation to help you. Any error in documentation or filing could result in the denial of your spouse's visa and petition. This would mean that you and your family could be separated for a long period of time, and sorting out the issues can be a lengthy process.

Our attorneys at Brown Immigration Law have built a reputation as powerful advocates for immigrant rights. We understand all that is at stake in the immigration process, and we are committed to providing each person we serve with unmatched professional counsel. We take pride in the fact that we have helped families to stay together and build a life in the USA.

To find out how an Orlando immigration attorney from our firm can help you and your family, call Brown Immigration Law right away.