Preference Spouse Processing

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Lawful permanent residents the United States may file family based second preference petitions (I-130) on behalf of their spouses and unmarried children under age 21. To initiate the process, the lawful permanent resident must file a form I-130 preference petition, together with evidence of the qualifying relationship(s). In the case of a spouse, this would be a certified marriage certificate, together with proof of the lawful termination of any prior marriage (such as by death, divorce, or annulment). For children, the petitioner must also include a certified copy of each child's birth record in order to establish the qualifying relationship.

Because the quota waiting list for the family based second preference "A" category is so long (approximately five years), unless the beneficiary is in the United States in some other lawful status (such as H-1B), he or she will most likely obtain their immigrant visa through overseas consular processing.

If a lawful permanent resident naturalizes as a United States citizen before his or her spouse and minor children can immigrate, the approved F2A petition is automatically upgraded to an immediate relative petition and the quota is no longer applicable.