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Helping Married Children Immigrate To The U.S.

Legal Help For Family Third Preference Category Issues

Married sons or daughters of U.S. citizens are not considered immediate relatives because Congress has determined that if they are married, they are not dependent on their parent(s). However, a U.S. citizen may petition them under the family third preference (F3) category. The spouse and children of an F3 beneficiary qualify as derivative beneficiaries.

To qualify, the married son or daughter must have at some point met the legal definition of “child” when he/she was under the age of 21 under U.S. immigration law.

The beneficiary must have an approved immigrant petition (I-130) and wait for a visa number to become available before applying to adjust status in the U.S. or to obtain an immigrant visa abroad. Depending on the married son or daughter’s country of chargeability, the wait may be several years.

Common Situations That Affect The F3 Category

  • Petitioner’s Death: If the U.S. citizen parent dies before the I-130 is approved, the petition is automatically canceled. If the death takes place after the petition is approved, the beneficiary can find an alternative affidavit of support from a relative outside the immediate relative. The priority date is retained.
  • Beneficiary’s Death: If the married son or daughter dies, regardless of whether the petition has been approved, the petition is automatically canceled. What this means is that the spouse and any unmarried children included as derivative beneficiaries on the petition will no longer be eligible for a green card.
  • Divorced / Widowed Beneficiary: If the beneficiary’s marriage comes to an end, either through divorce or death, after the petition has been approved and he/she is waiting for an immigrant visa number, the petition is upgraded to the F1 preference category, “unmarried son or daughter of U.S. citizen,” unless the beneficiary chooses to opt-out.

Get Our Legal Help For Your Family

Our attorney can help your family members with all of the immigration law issues involved with coming to the U.S. To arrange your initial consultation, please contact our San Jose law firm online or by telephone at (408) 740-3474.

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Testimonials

Team M.
San Jose, CA

After living abroad for many years, it became time to move back to the US as soon as possible and get immigrant visas my non-citizen wife and child to take care of aging parents. Responses from law firms recommended online for the immigration pr(...)

 
Yemi G.
San Jose, CA

Alison’s litigation background makes her the attorney that holds the Government’s feet to the fire. She earned her respect because she has a thorough understanding of the law and will take the government to task to make sure her clients interest(...)

 
Kazumi H.
San Jose, CA

Alison Yew has extensive experience in handling various immigration cases. Alison’s knowledge in immigration law is unparalleled. Alison is not only extremely knowledgeable, but also she is exceptionally thorough, thoughtful, and reliable. He(...)

 
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  • 1155 N First Street #111
    San Jose, CA 95112
  • 408-740-3474
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