I am a legal permanent resident and serving in the U.S. Armed Forces, who in my family is considered as my immediate relative so that I may file a Form I-130 petition on their behalf?
A. Spouses and unmarried children younger than age 21, of permanent residents are not considered ‘immediate relatives’ to file a Form I-130. Therefore, relatives of permanent residents may have to wait several years before immigrating because of the combination of high demand and the limits set by law on the number of persons who can immigrate each year. If you are a legal permanent resident, and have a pending Form I-130 petition on your spouse’s behalf, your spouse may be eligible to file for a V-1 nonimmigrant visa at a U.S. consulate overseas by concurrently filing the U.S Department of State Forms DS-3052 and DS-156 nonimmigrant visa applications. An application for the visa does not guarantee your spouse will qualify for the V-1 visa. If approved, the V-1 visa, like the K-3 visa, will permit your spouse to lawfully enter the United States and then adjust his or her status to lawful permanent resident when his or her immigrant visa number becomes available. For specific informatio
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