Are you a U.S. citizen whose foreign-born children are already married and over 21 years old?
The F3 visa attorney at Naya Immigration can help you and your family through the process of obtaining a green card so you can bring your children and their family members to the United States.
If you moved to the United States and gained U.S. citizenship, it is likely that you want to bring the rest of your family to the U.S. However, not all your family members in your home country may qualify as “immediate relatives” for immigration purposes. As unfair and bizarre as it may seem, your children do not fall under the immediate relative category if they are married and over 21 years old.
Fortunately, however, there is still a way to help your married adult children immigrate to the U.S. through the F3 visa. At Naya Immigration, we understand the anticipation and frustration of navigating immigration laws with all their confusing procedures and bureaucratic formalities. Our F3 visa attorney assists U.S. citizens in petitioning for their children to obtain a green card and helps foreign-born children of U.S. citizens navigate all steps of the visa application process.
Need help with an F3 visa? Contact Naya Immigration today to get started now. The sooner you get in touch with our team of professional and compassionate attorneys, the closer you will be to achieving your dream of bringing your family together in America.
Overview of the F3 Visa
The U.S. Citizenship and Immigration Services (USCIS) has four different categories for family preference visas that allow U.S. citizens and lawful permanent residents (called the “petitioner” or the “sponsor”) to petition a qualifying relative (called the “applicant” or the “beneficiary”) to immigrate to the United States. One such family preference visa is the F3 visa, which is available to married sons and daughters (aged 21 years old or older) of U.S. citizens.
Every fiscal year, the USCIS issues a limited number of family-based visas. Under 8 U.S.C. § 1151(c), 226,000 visas are issued to family-sponsored preference immigrants per year, of which only about 10% (23,400) are allocated to the F3 visa category.
When the number of visa applications exceeds the number of yearly available visas, it creates a backlog and results in considerable waiting times.
F3 Visa Eligibility Requirements
The immigration law sets forth eligibility requirements for both sponsors and beneficiaries of F3 visas. The sponsor (the U.S. citizen) is the one who initiates the F3 visa application process and must meet the following criteria:
- Be at least 21 years old;
- Be a U.S. citizen and have proof of citizenship;
- Have a valid address in the U.S.; and
- Have a child who is married and at least 21 years old in a foreign country (the relationship must be established via a birth certificate or adoption documents).
F3 visa applicants (children of U.S. citizens) must meet the following eligibility requirements:
- Have a parent who is a U.S. citizen;
- Be 21 years old or older; and
- Be married (must demonstrate a valid marriage certificate).
The spouse and minor children of the principal beneficiary (the U.S. citizen’s foreign-born child) can accompany them on the F3 application case.
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Applying for an F3 Visa
Obtaining an F3 visa is divided into two stages: the petitioning process and the application process.
1. F3 Visa Petitioning Process
During the first stage, the U.S. citizen must initiate the immigration process for their married children and their family by completing Form I-130 (Petition for Alien Relative) and submitting it to the USCIS. If the principal beneficiary (the U.S. citizen’s married child) wants to bring their family – the spouse and minor children – to the U.S. once they obtain the F3 visa, their names must be included in the application, too.
Once the I-130 petition is submitted, the USCIS will process it in coordination with the Department of Homeland Security. If the petition is approved, the F3 visa case will move to the next stage (the application process).
2. F3 Visa Application Process
Once the USCIS approves the sponsor’s petition, it will send the case to the National Visa Center (NVC) for further processing. According to the U.S. Department of State, the USCIS assigns each immigration visa case a “priority date” when the petition is filed. The application process can begin once the priority date matches with the NVC’s Visa Bulletin.
Whether the beneficiary can start the application process immediately or needs to wait depends on the number of F3 visa applications and whether the quota for that fiscal year has been reached. If the U.S. government has issued more F3 visas than the number of yearly available visas, the applicant will have to wait until the priority date is current.
Once the application is filed with all accompanying documents, the applicant will have to attend a visa interview at the U.S. embassy or consulate in their home country. Upon successful completion of the interview, the principal beneficiary and their family will receive the NVC package and will be able to travel to the U.S.
Required Documents for an F3 Visa Application
The documents that need to be submitted to the NVC as part of the F3 visa application process may vary from one applicant to another. Generally, the required documents include:
- Form DS-260 (Immigrant Visa Electronic Application) completed by the principal beneficiary, their spouse, and each child separately;
- A passport for each applicant;
- A valid marriage certificate;
- A valid birth certificate or adoption documents;
- Medical examination and vaccination documents;
- Form I-864;
- Two photos for each applicant; and
- A certified copy of police and court records of criminal history.
Any documents that are not in English may need to be translated by an accredited translator.
F3 Visa Attorney Frequently Asked Questions (FAQs)
U.S. citizens and their married adult children are likely to have a wide array of questions when applying for an F3 visa. The following are some of the most common questions about F3 visas that we, at Naya Immigration, receive. If you didn’t find your question or need further assistance, schedule a personalized consultation with our F3 visa attorney.
The F3 visa is available to married adult children of U.S. citizens who were born in a foreign country. With this visa, the applicant can bring their spouse and minor children to the U.S. with them if they qualify.
Like other visas in the F category, the eligibility requirements for F3 visa applicants are quite basic. The applicant must be:
- The child of a U.S. citizen and have a birth certificate or adoption documents to prove the relationship;
- At least 21 years old; and
- Married and have a valid marriage certificate to prove it.
Note: If the U.S. citizen’s adult child is not married, they need to apply for a different visa within the F category: the Family First Preference (F1) visa.
The application process for the F3 visa is divided into two parts: the petitioning stage and the application stage. The petitioning stage is initiated by the U.S. citizen who petitions the USCIS to give their married child along with their spouse and minor kids permission to immigrate to the U.S. Once the petition is approved, the U.S. citizen’s married child and their family can begin the application process in the U.S. through adjustment of status or in the foreign country through consular processing.
When applying for an F3 visa, the applicant must submit a DS-260 Form along with accompanying documents, including a valid passport, a valid marriage certificate, medical examination and vaccination papers, a signed Form I-864, and other items. The list of documents required for the F3 visa application may differ from one applicant to another. Generally, the USCIS will provide a full list of documents it needs from the applicant.
Get Help from an F3 Visa Attorney at Naya Immigration
At Naya Immigration, we understand your hopes to reunite with your family in the U.S. and share your vision for a better future. Our F3 visa attorney work to streamline the application process and resolve any obstacles that may arise when pursuing visas for our clients.
When you come to Naya Immigration, you can be certain that we will do everything in our power to help you and your loved ones, including your married children, reunite in the United States. Our track record of success is built on integrity and our unwavering commitment to providing exceptional and personalized counsel. Get the help you need today by reaching out to our office.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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