F3 Visa - Family Based Immigration for Married Children of US Citizens

Suppose you’re an American citizen and already have a loved one living in the U.S. But if they aren’t a green card holder (you can call them an H-1B visa holder), getting them a US residency isn’t as simple as getting your parent a green card. Even if they don’t necessarily need to go through the same process, they will require different immigration services depending on their status. If your spouse or child is a US citizen, he or she should be eligible for a green card under the same rules as any other family member applying for permanent residence in the U.S. If they are both H-1B visa holders and they want to get married, they should also apply together—even if the husband or wife doesn’t qualify for the same visa category as their partner due to seniority or job responsibilities.

USA Immigration Jun 5, 2023 0 707 Add to Reading List

F3 Visa - Family Based Immigration for Married Children of US Citizens

Are you the parent of a US citizen child that lives outside the country and want to bring them to live with you so they can receive a green card? Do you want to permanently establish a relationship with your child and allow them to receive a US green card? Are you willing to wait until your son or daughter gets married before taking them back to the United States so they can apply for a green card as married parents? If yes, then this article is for you.
If you are reading this, chances are you are one of the millions of Americans with green cards, even though you don’t have any foreign-born children. This is because the process for getting a green card for yourself or someone else based on family ties is called EB-5 family immigration. This means it’s available only for foreign nationals who are either the parents or legal guardians of an American citizen or an eligible US national at least 21 years of age.
To qualify for EB-5 family immigration, two requirements must be met: 1) The immigrant must demonstrate that he or she has a close personal relationship with an American citizen son or daughter, and 2) The relationship must be demonstrated by registering him or her in the U.S. government's database of eligible petitioners known as Form I-485 (Immigrant Petition Process).
In most cases, if one of the parents is already living in the U.S., then their children will not be qualified as foreign nationals due to their

Who is eligible for F3 Visa?

You are eligible for F3 Visa if you are a:

U.S. Citizen
Alien living in the United States
Your spouse or unmarried child under 21
Your son or daughter
Your parent
Any other person who is:
The head of household
The person in charge of the household
The spouse of the head of household
A minor child
A spouse of a minor child
The parent of a minor child
Any other person who is:
The spouse of a person described above
The parent of a spouse
The grandparent of a grandchild
The spouse of a grandparent
The parent of a grandparent
Any other person who is:
The spouse of a person described above
The parent of a spouse
The grandparent of a grandparent
The spouse of a grandparent
The parent of a grandparent

Advantages of F3 Visa over other options

The first advantage of an F3 Visa is that it’s Permanent. No country wants to give citizens a permanent residence visa, which is a huge advantage. The second advantage is that it’s cheap. It costs only $500 for the entire process, including filing a petition with the USCIS and paying the fees for your visa application and a biometrics check. The third advantage is that it’s convenient. The whole process only takes about 2-3 months. This is significantly faster than the other options, where you must file a separate petition for each of your children. The last advantage is that there are no additional requirements for the immigrant besides meeting the age, relationship, and employment requirements for a US green card.

The application process for F3 Visa

To apply for F3 Visa, you must apply online at the USCIS website. You can apply for one or more visas at the same time. You can also apply for a Nonimmigrant Visa, a different type of visa, after using it for the F3 Visa.

You'll first need to apply online at the USCIS website. Once logged into your account, click the “Visa” tab and select “Change/Apply Type.”

Next, scroll through the various tabs and look for the “Visa Information” section. In this section, you will find information about your application, including:

Your application fee
The reason you selected the F3 Visa
The biometric information you need to include on your application
The mailing address you must use for your application
The required documents for your application
The processing time and date for your application
The final decision for your application

Required documents for F3 Visa application

Two options will appear when you click the “Apply” button. You can create a new application or choose an existing one and select “Apply for a visa.” If you are making a new application, you will be asked for the following documents:

Valid passport
Valid visa
Two passcards
A valid address in the United States
Required travel documents (if you are applying for a non-immigrant visa)
An employer-signed non-disclosure agreement
A copy of your school loan repayment agreement
A copy of your income tax returns
A copy of your recent pay stubs
A copy of your driver’s license
A copy of your social security card
A copy of your visa application
A completed application for a nonimmigrant visa
A health certificate
A recent picture of yourself

Processing time and fees for F3 Visa

Once you have applied for the F3 Visa and paid the filing fees, you will begin the annual processing process. During this phase, the USCIS will validly issue a “discrimination determination” based on your race/ethnicity, country of origin, national origin, and length of residence in the U.S. Then, the USCIS “will issue a final decision on your petition no later than 120 days following the close of the national lottery.” If the USCIS approves your application, you must pay the applicable visa processing fees.

Common challenges and how to overcome them during the F3 Visa application process

There are a few challenges that you may face while applying for F3 Visa. Here are some tips that you may find helpful:

Make sure you are familiar with the visa application process.
Keep a logbook while you are living in the United States so you will be able to track your activities.
Make sure you are aware of and compliant with all laws, rules, and regulations that apply to you while in the U.S.
Make sure you know who you are communicating with while in the U.S. and how to contact them if you cannot get them during your trip.
Take extra care when traveling to and from the U.S., as you may be required to pay custom border fees if you are outside the country longer than intended.

Tips for a successful F3 Visa application

Make sure you are aware of and compliant with all laws, rules, and regulations that apply to you while in the U.S.
Make sure you know who you are communicating with while in the U.S. and how to contact them if you cannot get them during your trip.
Take extra care when traveling to and from the U.S., as you may be required to pay custom border fees if you are outside the country longer than intended.

Frequently asked questions about F3 Visa

What is the difference between F3 and S-1 visas?
Where can I learn more about the F3 Visa?
What if I’m not a U.S. citizen?
What if I’m not a permanent resident?
What if I didn’t meet the requirements for a green card?
What if I have a criminal history?
Can I work while I am in the U.S.?
What if I don’t have a job?
What if I can’t speak English?
Do I have to take care of my family while I am in the U.S.?
What if I just get married?
What if I have children?
What if I’m a student?
How do I start the whole process over?

Attend interview

After processing your supporting documents and determining that you fulfill all the requirements, the NVC will schedule your interview with the US Embassy or Consulate in your country of residence. You, your spouse, and your minor children must attend the interview. You will be asked about your background, and the official will determine whether you can get the F-3 visa to join your parent in the US.

Receive the NVC packet and travel to the US.

If your visa is approved and you and your family get the F-3 visa, it will be stamped on your passports. You will also receive a package you must bring when you travel to the US to enter for the first time with your immigrant visas. It would be best if you did not open the package. Only the immigration officials open it and determine whether you are eligible to enter the USenter the US.

How Much Does the F-3 Visa Cost?

There are various fees that the petitioner and the applicant must pay throughout the application process for the F-3 visa. The amounts vary and are set by USCIS, the Department of Homeland Security, and the individual US Embassy or Consulate where you apply. The main categories of fees that must be paid are as follows:

Form I-130 filing fee
Processing fee for the Form DS-260
Medical examination and vaccination fees
Fees to get and translate all the supporting documents
USCIS Immigrant Fee, which you must pay after you receive your visa and before you travel to the US. USCIS will not issue you a Green Card without you paying this fee.

How Long Is the F-3 visa Processing Time?

Because there are caps for the Family Green Cards, the processing times may be quite long. For example, for the F-3 visa, the processing time can range from 1 year up to extreme cases, ten years. This is because so many people are applying that they cannot all be processed simultaneously.