Which family preference category am I in?
Your category depends on who petitions and on your marital status. The first preference is unmarried adult sons and daughters of citizens, with 23,400 visas plus unused numbers. The second covers spouses and unmarried children of green card holders, at 114,200 plus additions, with at least 77 percent reserved for spouses and minor children; this is usually split into F2A and F2B. The third is married sons and daughters of citizens, at 23,400. The fourth is brothers and sisters of citizens aged 21 or older, at 65,000. Spouses, minor children and parents of citizens are not here; see INA § 201. Work visas are in § 203(b) and the diversity lottery in § 203(c). Read your Form I-130 approval notice to confirm your category, because it controls which line of the bulletin you read.
How do I read the Visa Bulletin and know when to file?
Your priority date is normally the date USCIS received your petition. Each month the State Department publishes the Visa Bulletin with two charts: Final Action Dates and Dates for Filing. To apply inside the country, first open the USCIS Adjustment of Status Filing Charts page, which says which chart applies that month. For October and November 2026, USCIS says family and employment cases must use the Dates for Filing chart. Your date must be earlier than the date listed for your category and country. The Final Action Dates chart still controls when a visa can actually be issued, so you can file and then wait. Do not file Form I-485 before your date is current under the right chart; USCIS will not treat it as properly filed. Dates can move back, so check every month.
What happens if I marry, divorce or my relative naturalizes?
Changes can help or hurt, and they usually keep your priority date. If an unmarried son or daughter of a citizen marries, the petition converts to the third preference, which is slower. If the marriage ends, it can convert back. If a green card holder who petitioned for a child under 21 naturalizes, the child becomes an immediate relative under INA § 201 and no longer needs a visa number. A son or daughter of a green card holder who marries before getting a visa generally loses the category altogether, because there is no married category for children of green card holders. If you plan to marry or divorce while waiting, or your petitioner is close to naturalizing, get advice first. Report changes to the agency handling your case, and keep every approval and transfer notice.
Will my child age out while we wait?
Possibly, but the Child Status Protection Act can help. Under § 203(h), take the child's age when a visa becomes available and subtract the days the petition was pending. If the result is under 21 and the child stays unmarried, the child still qualifies, provided the child sought residence within 1 year of the visa becoming available. For applications filed on or after August 15, 2025, USCIS uses the Final Action Dates chart to fix that date, even if you filed under Dates for Filing. If the result is 21 or older, the category decides. An F2A child of a green card holder moves to F2B and keeps the priority date, as does an F2A derivative who is the petitioner's own child. Derivative children in F3 and F4 cases usually do not: under Scialabba v. Cuellar de Osorio, they need a new petition and a new date. Have a lawyer run the calculation early.
Can I stay in the U.S. while I wait, and what if I process abroad?
An approved petition gives no right to stay or work. Unlike immediate relatives, preference relatives who fall out of status or work without permission are generally barred from adjustment by INA § 245(c), so keep a lawful status while waiting if you can. If you process abroad, answer the agency's notices. Section 203(g) requires the State Department to end your registration if you do not apply within 1 year of notice that a visa is available, although it can be reinstated within 2 years for reasons beyond your control. Consular processing has been unstable in 2026. A pause covering 75 countries, including Russia, began January 21, 2026. A federal court in New York vacated it on August 21, 2026, and the government has appealed. The public charge ground itself still applies. Check your consulate's current instructions before resigning from a job or selling a home.
What if I have a court case while my date is not current?
A place in line is not a defense. If you are in removal proceedings and no visa is available, you generally cannot complete adjustment before the immigration judge, because § 245(a) requires an immediately available visa at filing. Tell your lawyer your category and priority date anyway. They can check whether the date is close, whether another form of protection exists, and what to say at the master calendar hearing. Never skip a hearing because a petition is pending; an in absentia removal order can follow, and it can make later relief much harder. Keep the approval notice, receipt notice and any bulletin printouts in one folder. If you want a review of your category and timing, our family immigration service covers preference cases.