I-130 Petition for Married Adult Children in San Dimas: F3 Family Immigration Guide
Understanding the F3 Preference Category Wait Times and Process for Eastern Los Angeles County
Quick Answer
U.S. citizens can petition for married adult children (any age) through the F3 preference category by filing Form I-130. Current wait times exceed 15-20 years for most countries due to annual visa limits. Despite the long wait, filing early locks in your priority date. Understanding the process helps families plan realistically and explore potential strategies to reduce waiting time.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
San Dimas and the Eastern Los Angeles County region are home to many immigrant families with children and grandchildren still waiting to reunite. If you're a U.S. citizen hoping to bring your married son or daughter to America, understanding the F3 preference category is essential. While the wait times are long, proper planning and timely filing ensure your place in line. This guide explains the process, current wait times, and strategies for families navigating this challenging immigration path.
Understanding the F3 Preference Category
- •F3: Married sons and daughters of U.S. citizens (any age)
- •No age limit - can petition for married children of any age
- •Subject to annual visa number limits (approximately 23,400 per year worldwide)
- •Country caps limit visas to each country (7% of total)
- •Priority date established when I-130 is filed
- •Wait begins from priority date until visa number becomes available
- •Current backlogs exceed 15-20 years for most countries
- •Philippines, Mexico, India typically have longest waits
Current Wait Times (Visa Bulletin)
| Country | Current Priority Date Being Processed | Estimated Wait |
|---|---|---|
| All Countries (except listed) | 2008-2010 range | 15-18 years |
| Mexico | 2000-2002 range | 23-25+ years |
| Philippines | 2003-2005 range | 20-22 years |
| India | 2008-2010 range | 15-18 years |
| China (mainland) | 2008-2010 range | 15-18 years |
The I-130 Filing Process
- 1Gather evidence of relationship
Birth certificates, marriage certificates, your citizenship evidence
- 2Complete Form I-130
One petition for each married child (spouse and minor children included as derivatives)
- 3Pay filing fee
$625 per petition (fee subject to change)
- 4Submit petition
File with USCIS by mail or online
- 5Receive receipt notice
Priority date is the date USCIS receives your petition
- 6Wait for approval
USCIS reviews and approves qualifying petitions (8-14 months typically)
- 7Wait for priority date
Approved petition waits until visa number available (15-25 years)
- 8Consular processing or adjustment
When date is current, beneficiary can apply for immigrant visa
Documentation Requirements
- •Your proof of U.S. citizenship (passport, naturalization certificate, birth certificate)
- •Child's birth certificate showing you as parent
- •Child's marriage certificate
- •If applicable: proof name changes are connected (marriage certificates, court orders)
- •Your child's passport biographic page
- •Two passport photos of beneficiary (child)
- •Evidence of any prior marriages terminated (divorce decrees, death certificates)
- •Translation of any foreign language documents
Who Can Be Included as Derivatives
- •Spouse of your married child automatically included
- •Unmarried children under 21 of your married child included
- •Derivatives don't need separate I-130 petitions
- •Derivatives have same priority date as principal beneficiary
- •Children who turn 21 or marry during wait may age out
- •Child Status Protection Act (CSPA) provides some protection against aging out
- •New marriages or births during wait period require updates
- •Grandchildren who age out may need separate petition as siblings
Child Status Protection Act (CSPA)
- •CSPA subtracts time petition was pending from child's age
- •Beneficiary must 'seek to acquire' status within one year of visa availability
- •Formula: Actual age at visa availability - petition pending time = CSPA age
- •If CSPA age under 21, child remains eligible as derivative
- •If CSPA age 21+, child ages out and loses derivative status
- •Aged-out children may need new petition as adult unmarried children (F1) or siblings (F4)
- •Marriage of derivative child eliminates eligibility regardless of age
Strategies for Managing Long Wait Times
- •File early: Priority date is established at filing, not approval
- •Consider multiple petitions: If you can petition as sibling (F4) too, file both
- •Monitor visa bulletin monthly: Dates can advance or retrogress
- •Keep documents updated: Maintain current contact information with USCIS
- •Plan for changes: Marriages, divorces, births can affect eligibility
- •Explore nonimmigrant options: B-1/B-2 visits while waiting for immigrant visa
- •Consider if child could become U.S. citizen: Would then petition their family directly
- •Maintain evidence file: Birth certificates, marriage certificates, photos over time
What Happens During the Wait
- •Approved I-130 forwarded to National Visa Center (NVC)
- •NVC holds case until priority date becomes current
- •Update address changes with NVC to ensure contact
- •NVC sends notice when it's time to submit documents
- •Affidavit of support and civil documents submitted closer to visa availability
- •Medical exams scheduled when interview is near
- •Interview at U.S. consulate in beneficiary's country
- •Visa issued; beneficiary has 6 months to enter U.S.
Potential Changes Affecting Your Case
| Change | Effect on Petition | Action Required |
|---|---|---|
| Petitioner becomes permanent resident | Can no longer sponsor F3; petition may be revoked | Maintain citizenship |
| Petitioner dies | May continue under certain circumstances | Consult attorney immediately |
| Beneficiary divorces | Moves to F1 category (better wait times) | Notify USCIS/NVC |
| Derivative child turns 21 | May age out; CSPA analysis needed | Calculate CSPA age |
| Derivative child marries | Loses derivative status | May need separate petition |
| New grandchild born | Can be added as derivative | Submit evidence to NVC |
When Divorce Improves Your Options
- •F1 wait times typically 5-10 years shorter than F3
- •Legitimate divorce (not for immigration purposes) changes category
- •Must notify USCIS of divorce and request category change
- •Priority date is preserved when moving to F1
- •Ex-spouse loses derivative status upon divorce
- •Children of the divorced marriage remain derivatives
- •New marriage after category change would move back to F3
FAQFrequently Asked Questions
Q:How long will it take to bring my married child to the U.S.?
A: Current F3 wait times exceed 15 years for most countries and can exceed 23-25 years for Mexico. The wait is measured from your priority date (when USCIS receives your I-130) until a visa number becomes available for your child to immigrate. Check the monthly Visa Bulletin from the Department of State to see what priority dates are currently being processed for your country.
Q:Can I petition for my married child if I'm a permanent resident?
A: No, only U.S. citizens can petition for married children. Permanent residents can only petition for unmarried children (F2A and F2B categories). If you're a permanent resident wanting to sponsor your married child, you would need to naturalize (become a U.S. citizen) first. Once you're a citizen, you can file the I-130 for your married child.
Q:Does my grandchild automatically get included?
A: Unmarried grandchildren under 21 at the time of visa issuance are included as derivatives on their parent's petition. They don't need separate petitions. However, if your grandchild turns 21 or marries during the long wait, they may lose derivative status. CSPA provides some protection against aging out. Grandchildren who age out would need their own petitions.
Q:What if my child divorces while waiting?
A: If your married child divorces (legitimately, not for immigration purposes), they move from F3 (married children) to F1 (unmarried adult children), which typically has shorter wait times. Their priority date is preserved. Notify USCIS and NVC of the divorce. The former spouse loses derivative status, but grandchildren remain included as derivatives.
Q:Can my child visit me while waiting for the immigrant visa?
A: Potentially, but with caution. Your child can apply for B-1/B-2 visitor visas to visit temporarily. However, the consular officer may scrutinize the application since a pending immigrant petition suggests intent to remain permanently. Your child must demonstrate strong ties to their home country and intent to return. Overstaying a visitor visa can jeopardize the immigrant visa.
Q:What happens if I die before my child can immigrate?
A: Under certain circumstances, the petition can continue after the petitioner's death. The Immigration and Nationality Act allows surviving beneficiaries to request continuation of the petition through 'humanitarian reinstatement.' Another qualifying relative may also need to submit a new Affidavit of Support. Consult an immigration attorney immediately if the petitioner passes away.
Q:Why should I file now if the wait is 20+ years?
A: Your priority date is established when you file, not when the petition is approved or when your child immigrates. Filing now puts you in line. If you wait 5 years to file, you'll be 5 years further behind in the queue. Processing times may also change over the years. The sooner you file, the sooner your priority date is locked in.
Q:Can the wait time decrease?
A: Wait times can change based on visa availability, immigration law changes, and demand. Historically, dates have both advanced (moved forward) and retrogressed (moved backward). Major immigration reform could potentially reduce wait times, though this is unpredictable. The best strategy is to file as early as possible and monitor the Visa Bulletin for changes.
Ready to Petition for Your Married Child?
Our team helps families in San Dimas and throughout Los Angeles County navigate the complex family immigration process. We'll ensure your I-130 petition is filed correctly and help you understand the long road ahead.
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