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My spouse and I are interested in moving to the US to become residents (Vietnamese & UK nationality respectively). The first step would be to obtain an immigration visa.

My father is a naturalised US citizen. I understand that I could qualify for an immigration visa because of this.

Would I able to bring my spouse with me in this circumstance?

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Yes. Your father would file an I-130 relative immigrant petition for you. As a married child of a citizen, you would be in the F3 category. According to the current visa bulletin, visa numbers are currently available for F3 category petitions with priority dates about 13 years ago (even longer ago for people born in Mexico or the Philippines). The priority date is the date the I-130 was filed. Based on this, you can guess that it might take 13 years after the I-130 is filed before a visa number will be available (of course, it may be a few years more or less because the wait will change over time).

When a visa number is close to becoming available, you can immigrate through either Adjustment of Status in the US (if you happen to be in the US and in status at that time) or Consular Processing at a US consulate abroad (if not). Most likely, you will do Consular Processing. When you immigrate to the US, your spouse and unmarried under-21* children that you have at that time will also qualify to immigrate as your derivative beneficiaries (derivative beneficiaries can immigrate at the same time as you, or at any later time).

* (The age cut-off is actually a little higher than 21 due to the Child Status Protection Act (CSPA), but I will not go into that here.)

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  • Thanks for the info - so "yes, but I'd be on a circa 13 year waiting list to get one"? I had no idea it would take so long
    – Hoodlum
    Jun 6 at 7:58

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