F3 Visa | Adult Children Over the Age of 21

The F3 visa is a family-sponsored immigration visa for married children of U.S. citizens. Unlike other family-based visa categories, the F3 visa allows U.S. citizens to petition for their adult children, even after they reach the age of 21. The F3 visa is part of the Family Preference category, meaning that there are annual limits to how many visas can be issued, which often results in longer processing times.

The F3 visa allows the children and their immediate family members (spouse and children under 21) to immigrate to the United States. However, because of the visa cap and the backlogs in some countries, applicants may wait several years before their priority date becomes current.

Eligibility and Requirements for the F3 Visa

To be eligible for the F3 visa, the following conditions must be met:

1. Petitioner Requirements (U.S. Citizen Sponsor):
   • The petitioner must be a U.S. citizen (green card holders cannot sponsor this visa).
   • The petitioner must be able to demonstrate the relationship with their child through supporting documents such as a birth certificate.
2. Beneficiary Requirements (Adult Child and Family Members):
   • The applicant must be a married child of a U.S. citizen and over the age of 21.
   • The applicant’s spouse and children (under the age of 21) can also be included in the application, allowing them to immigrate alongside the primary beneficiary.
3. Financial Requirements:
   • The U.S. citizen sponsor must prove they can financially support the applicant and their family through an Affidavit of Support (Form I-864).

Sponsorship Criteria for the F3 Visa

The key sponsorship criteria include:

1. Proof of Relationship:
   The petitioner (U.S. citizen) must submit evidence of their relationship with the beneficiary (married child), typically in the form of a birth certificate, marriage certificate, and other supporting documentation.

2. Income and Financial Support:
   The sponsor must show that they meet the minimum income requirements to ensure they can financially support the immigrant family members. The minimum threshold is usually based on the Federal Poverty Guidelines, which depend on the size of the household.

3. Proof of U.S. Citizenship:
   The petitioner must provide proof of their U.S. citizenship status, such as a birth certificate, U.S. passport, or naturalization certificate.

Application Process for the F3 Visa

The process for applying for an F3 visa typically involves several steps:

1. Filing Form I-130 (Petition for Alien Relative):
   The first step is for the U.S. citizen to file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the familial relationship between the petitioner and the beneficiary. Once USCIS approves the petition, the case is sent to the National Visa Center (NVC).

2. Visa Bulletin and Priority Dates:
   The applicant must wait for their priority date (the date USCIS received the I-130 petition) to become current in the Visa Bulletin. This can take years, depending on the applicant’s country of origin.

3. Processing at the National Visa Center (NVC):
   After petition approval, the case is forwarded to the NVC, which will request additional documents and visa fees. The NVC will prepare the applicant for the next steps in the visa process.

Petition Filing Steps for the F3 Visa

Here are the key steps involved in filing a petition for the F3 visa:

1. File Form I-130:
   The sponsor submits Form I-130, along with the required supporting documents, to USCIS.

2. Receive USCIS Approval:
   USCIS processes and reviews the petition. If approved, the petition is sent to the NVC.

3. Submit Documents to NVC:
   The NVC will request specific documents, such as the Form DS-260 (Immigrant Visa Application), police clearances, medical examination results, and civil documents like birth and marriage certificates.

4. Wait for the Priority Date to Become Current:
   Applicants will need to monitor the Visa Bulletin for their priority date to become current before the interview can be scheduled.

Essential Documents for F3 Visa Application

When applying for the F3 visa, the following documents are typically required:

1. Form I-130 Approval Notice
   The notice issued by USCIS confirming that the petition has been approved.

2. Civil Documents:

   • Birth certificates for both the U.S. citizen sponsor and the applicant.
   • Marriage certificates if the applicant is married.
   • Police clearances from all countries the applicant has lived in since the age of 16.

3. Affidavit of Support (Form I-864):
   The sponsor’s form to prove they can financially support the applicant.

4. Form DS-260:
   The immigrant visa application form.

Medical Exam and Vaccination Requirements for the F3 Visa

Applicants for the F3 visa must undergo a medical examination by an approved physician. The exam ensures the applicant does not have any medical conditions that would prevent them from entering the U.S.

Vaccination Requirements:
The applicant must also provide proof of vaccinations required by the U.S. Centers for Disease Control and Prevention (CDC). Common vaccinations include:

• Measles, mumps, rubella (MMR)
• Polio
• Hepatitis B
• Chickenpox
• Influenza (for seasonal requirements)

The results of the medical exam are sent directly to the U.S. embassy or consulate handling the applicant’s case.

Embassy Interview Preparation for the F3 Visa

Once the priority date becomes current, the applicant will be scheduled for an interview at the U.S. embassy or consulate in their home country.

Key Preparation Steps:

• Prepare Documents: Bring all original documents and certified copies, including your passport, Form DS-260 confirmation, I-864 affidavit of support, medical exam results, and any civil documents.
• Be Ready for Interview Questions: The consular officer may ask about the relationship with the petitioner, family history, and intent to immigrate.
• Dress Professionally: First impressions matter, so dress appropriately for the interview.
• Answer Truthfully and Clearly: Be honest about your relationship and your intentions in the U.S.

How an Immigration Lawyer Can Help You with the F3 Visa Process

Navigating the F3 visa process can be complicated, and a skilled immigration lawyer can simplify it in many ways:

1. Ensure Document Accuracy:
   Lawyers can help ensure that the required forms and documents are accurately prepared and submitted.

2. Assist with Legal Challenges:
   If the petition is delayed or faces challenges, a lawyer can provide advice and representation.

3. Monitor Visa Bulletin and Priority Dates:
   Lawyers can help you track your priority date and take the necessary steps as soon as your date becomes current.

4. Prepare for the Interview:
   Immigration lawyers can offer guidance on what to expect during the interview and how to address any potential concerns the consular officer may raise.

5. Minimize Risks of Delays or Denials:
   Legal expertise can significantly reduce the chances of costly mistakes that could delay or jeopardize the visa approval.