Your wife can file I-130 relative petitions for her two children who are over the age of 21. She is entitled to apply for her children whether they are married or not. If one is getting a divorce and the other one is single, they would both ultimately immigrate under the F-1 category (single son or daughter over the age of 21 of a US citizen) as long as they remain single. For the month of January 2014, visa availability is open to this category for the date of December 8, 2006, which means that they will be waiting approximately 7 years to emigrate.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.