Uniting Married Children with Their Families in the United States

The F-3 immigrant visa is a family-based visa designed specifically to allow a married child of a U.S. citizen to immigrate to the United States of America so that they may reside there as a legal permanent resident and enjoy the several benefits of being an American. An F-3 immigrant visa is part of the Family Preference category of family-based visas, which means that it can be more difficult to obtain than visas for immediate relatives.

That is all the more reason why it is wise to retain legal counsel while in pursuit of the F-3 immigrant visa.

Immigration law is complex, and the pathway to obtaining a family-based green card can be a long and winding road with many potential pitfalls. Any minor error during the long application process could potentially derail the entire petition attempt, resulting in frustrating delays and even outright denials.

Elizabeth Rosario Law, PLC. has years of experience helping unite families via the U.S. immigration system. It would be our honor to act as your legal representation and help your married sons and daughters pursue the American Dream. Our law offices pride ourselves on providing helpful, honest, and compassionate legal care to each of our diverse clients. To learn more about our legal services, please contact us to schedule your initial consultation.

Who is Eligible for an F3 Immigrant Visa?

There are several criteria that must be met — both by the sponsor and by the beneficiary — in order to qualify for an F-3 immigrant visa.

Requirements for the sponsor include the following:

• The sponsor must hold United States citizenship.
• The citizen sponsor must be residing in the U.S. with a valid mailing address.
• The U.S. citizen must have a parental relationship with an adult married child in a foreign country. This relationship may be proven with a birth certificate or adoption papers.

To ensure that you qualify to be a sponsor, please speak with an immigration lawyer.

Eligibility requirements for foreign married children include the following:

• Must be over 21 years old.
• Must have evidence of being married. This may be proven with a valid marriage certificate.
• They must have a parent who is a U.S. citizen. Proof of this family relationship may be provided in the form of adoption papers or birth certificates.

Applicants who are unmarried and are not yet 21 years old may be able to petition for a Second Preference F2A immigrant visa instead.

What is the Family Preference System?

The United States Citizenship and Immigration Services (USCIS) has different categories for family-based immigration visas. Firstly, there are the immediate relative immigrant visas. These are typically reserved for the parent, spouse, and children of a U.S. citizen. There are no yearly caps imposed on immediate relative visas, and they are generally easier to get than other categories of family-based visas.

There is also the Family Preference immigrant visa category, which allows a qualifying family member of a United States citizen or green card holder to immigrate to the U.S. There are yearly caps on these types of immigrant visas, which makes them harder to obtain than immediate relative visas. They still have a great many benefits, however, and those who qualify may wish to begin the application process without delay.

Family Preference immigrant visas include:

• F-1 (First Preference): A petition for a U.S. citizen’s unmarried son or daughter who is at least 21 years old.
• F-2A (Second Preference): The spouse and minor children of lawful permanent residents (the children must be under the age of 21).
• F-2B (Second Preference: The unmarried daughter or son (21 years old or more) of green card holders.
• F-3 (Third Preference): Married son or daughter of U.S. citizens.
• F-4 (Fourth Preference: Brothers and sisters of a U.S. citizen, provided that citizen is at least 21 years old.

The USCIS has capped F-3 visas at a limit of 23,400 people per year. If the limit is reached in a year, the remaining applicants are processed in chronological order the following year. To learn more, please contact the immigration attorneys at our law offices to discuss your case in more detail.

What Evidence May Be Required for an F-3 Immigrant Visa Application?

There are several pieces of evidence and documentation that may be required for a successful F-3 visa application.

For the sponsors, they must establish without a doubt that they are U.S. citizens.

The USCIS may accept proof of citizenship in the following forms:

• A copy of a legal birth certificate showing that the sponsor was, in fact, born in the United States. This document may have been issued by a vital statistics office or some other civil authority office.
• A valid and unexpired U.S. passport.
• An original, uncopied statement from a U.S. consular officer stating that you are a U.S. citizen.
• If you were born overseas, a copy of Form FS-240 (Consular Report of Birth Abroad) may be requested.
• If you were not born in the U.S., a copy of your naturalization papers from the USCIS and Immigration and Naturalization Services (INS) will be required to prove that you have obtained citizenship.

In order to be sure that you have all the necessary (or potentially necessary) documentation, please consult our immigration law offices for assistance.

Evidence that may be required from the unmarried sons and daughters of U.S. citizens includes:

• A valid passport with at least six months remaining on it after your planned entry into the United States.
• Birth certificates or adoption documents for any of your minor children.
• Form I-864 (Affidavit of Support), signed by your U.S. citizen sponsor.
• Form DS-260.
• Medical examination report.
• Military records, if applicable.
• Police reports, criminal records, or court records, if applicable.
• Proof that any prior marriages ended with either divorce or death.
• Two 2×2 passport-style photos for each individual.
• Vaccination documents.
• Valid marriage certificate. All marriages may be subject to investigation to ensure that nobody is ‘gaming the system’ in an attempt to obtain their permanent resident green card. An immigration official may make requests that you prove that the marriage is ‘bona fide’ that go beyond simply requiring a valid marriage certificate.

Any documents that are not in English that are presented during the application process must be translated by an acceptable source.

Once all these pieces of evidence are in hand, you and your immigration lawyer may begin the application process by filing Form I-130 (the petition for alien relative).

What Does the Application Process Look Like?

In the first step of the process, the U.S. citizen sponsor completes Form I-130 and submits it to the USCIS. If the petition for alien relative is accepted, the USCIS passes it along to the National Visa Center (NVC).

At this point, the NVC would pass a packet of information along to the foreign married children of the U.S. citizen. This packet includes detailed instructions about how to proceed with the next steps of the application process. This may involve a wait, thanks in no small part to the fact that there is a limited number of F-3 visas awarded each year.

Then, the immigration attorney will assist with the completion of Form DS-260 (Immigrant Visa Electronic Application). The immigrant hopeful will be required to undergo a thorough medical examination and take any vaccinations that they might have previously missed. Do not be alarmed; this is asked of everyone immigrating to the U.S., including children. After that is done, the applicant must complete any remaining documents and supply all the requested evidence to proceed to the next steps.

When that’s all done, the applicant will be required to attend an immigrant visa interview with immigration officials. The interview may take place at the applicant’s local U.S. Embassy or Consulate. Based on the outcome of the interview, the immigration official will decide whether to approve or deny the F-3 visa petition. If approved, the applicant will receive an official sealed package, which must not be opened until they appear before an immigration official at a U.S. point of entry.

Schedule a Consultation with a Lawyer for F-3 Visas for Children Today

There is no shortage of opportunities for things to go wrong, go missing, or arrive incomplete during the long application process. Before you even get to the petition stage, first, you must ensure that both the sponsor and the married sons and daughters are fully eligible for the F-3 visa in the first place. With so many potential difficulties, there comes no shortage of potential for delays or denials. But you don’t need to pursue matters on your own. Help is available.

Applicants who retain the legal services of experienced immigration lawyers see a much higher rate of success, and they achieve that success with much lower stress.

The law offices of Elizabeth Rosario Law, PLC. have years of experience assisting clients through the labyrinth-like American immigration system. We would proudly serve as your legal counsel during your family’s pursuit of immigration visas.

Speak to our immigration law firm to learn how we can help you achieve your American Dream. To schedule an in-depth case evaluation with our legal team, please contact us at 616-530-0101.