Third Preference (F3)
If you are a native-born or naturalized U.S. citizen, your married children are eligible to come and live permanently in the U.S.
U.S. immigration law currently allows family migration—or chain migration. That means U.S. citizens and green-card holders (legal permanent residents) can file family petitions on behalf of close relatives to enable them to immigrate to the U.S. and reunify with family.
The Alcorn Immigration Law team can help with the green card process.
A U.S. citizen must be at least 21 years old to sponsor a married son or daughter for a green card. You should be cautious about timing. Speak with an immigration attorney about the process.
If you have a parent who is a U.S. citizen, you are eligible for a green card if:
- Your parent is at least 21 years old.
- Your parent files Form I-130 on your behalf, and it is approved by U.S. Citizenship and Immigration (USCIS).
- You have a financial sponsor. Each relative who comes to the U.S. based on a U.S. citizen’s petition must have a financial sponsor. If your parent will be your sponsor, she or he must file Form I-864 (Affidavit of Support). If your parent doesn’t meet the financial qualifications, another individual will need to make the commitment and file Form I-864 on your behalf.
The married child of a U.S. citizen may apply for a green card from either inside or outside the United States.
If the married child of the U.S. citizen is already in the U.S. legally, the petitioner must be cautious about the timing of the filing. As stated before, we recommend consulting an immigration attorney. Once that is done, the quickest and easiest way to apply is as follows:
- The U.S. citizen files Form I-130 (Petition for Alien Relative)
- After it gets approved and the priority date becomes current, your adult married child is eligible to finalize the green card process.
- The adult child fills out Form I-485 (Application to Register Permanent Residence or Adjust Status).
- The financial sponsor must fill out Form I-864.
- Submit all forms together, along with all supporting evidence to USCIS.
If the child of the U.S. citizen is outside the U.S., that individual may apply to become a permanent resident at a U.S. embassy or consulate. To apply:
- The U.S. citizen parent must fill out and submit Form I-130 and supporting evidence to USCIS.
- Await the approval and the priority date.
- The financial sponsor must submit Form I-864 and supporting evidence to USCIS.
- If USCIS approves the petitions, the U.S. Department of State will invite your married adult child to apply for an immigrant visa at a U.S. embassy or consulate abroad.
- The applicant should pay the USCIS Immigrant Fee after receiving an immigrant visa packet from the U.S. embassy or consulate before traveling to the U.S.
- Once the applicant is in the U.S., the applicant should submit Form I-485 along with supporting evidence to USCIS for a green card.
We Can Help
Figuring out immigration law can be difficult, confusing, and time-consuming. The Alcorn Immigration Law team can help you reunite with your family. Questions? Contact us.