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Explore visasI-130Full guide

F3Married son or daughter of a U.S. citizen

For the married sons and daughters of a U.S. citizen, at any age, who can bring their spouse and their unmarried children under 21 along.

At a glance

How it works
The U.S. citizen parent files Form I-130. When a visa number is available, the son or daughter files Form I-485 if they are in the U.S. and eligible, or applies for an immigrant visa through a U.S. consulate abroad
Checked Oct 18, 2026[1,2]
Who qualifies
Sons and daughters of a U.S. citizen who are married, at any age
Checked Oct 18, 2026[1,3]
Is there a wait?
Yes. F3 visas are numerically limited; the place in line is the priority date, the date the I-130 was properly filed
Checked Oct 18, 2026[4]
Their family
Their spouse (visa symbol F32) and their unmarried children under 21 (F33) can generally come along as derivatives with the same priority date, without a separate petition
Checked Oct 18, 2026[1,5,6,7]
I-130 filing fee
$675 on paper, $625 online (Form G-1055, edition 10/07/26)
Checked Oct 18, 2026[8]

Overview

A U.S. citizen may file Form I-130 for a married son or daughter; this is the family third preference (F3). In immigration law a "child" is unmarried and under 21, while a "son" or "daughter" is married or 21 or older, so F3 covers married sons and daughters of any age. If your son or daughter is unmarried, the category is first preference (F1) at 21 or older, or immediate relative under 21.[1,6]

High confidence By law, F3 receives up to 23,400 immigrant visas a year, plus any numbers not needed by the first preference (F1) and the second preference (spouses, children and unmarried sons and daughters of permanent residents). Preference visas are also subject to a per-country limit of 7 percent of all preference visas, so how long your son or daughter waits depends on their priority date and on the country their visa is charged to (usually the country of birth).[4,9,10]

Who it's for: the official visa symbols

From 22 CFR 42.11 and the State Department's Foreign Affairs Manual (9 FAM 502.2), with the section of the Immigration and Nationality Act (INA) as printed there. An immigrant visa bears the symbol of its class. B31 (a married son's or daughter's self-petition) and B32 and B33 (the spouse and child of a B31) are covered on the Violence Against Women Act (VAWA) self-petition page.
SymbolWhoSection of law
F31Married son or daughter of a U.S. citizen: the person named in the I-130INA 203(a)(3)
F32Spouse of an F31INA 203(d) & INA 203(a)(3)
F33Child (unmarried, under 21) of an F31INA 203(d) & INA 203(a)(3)
C31Married son or daughter of a U.S. citizen (conditional)INA 203(a)(3) & INA 216
C32Spouse of a C31 (conditional)INA 203(d), INA 203(a)(3), & INA 216
C33Child of a C31 (conditional)INA 203(d), INA 203(a)(3), & INA 216
Checked Oct 18, 2026[7,10]

High confidence The C symbols are for conditional permanent residence under INA 216. U.S. Citizenship and Immigration Services (USCIS) explains that if a U.S. citizen petitions for a stepchild and has not been married to the child's parent for 2 years when the child receives permanent residence, the child is granted conditional permanent resident status. A conditional permanent resident has the same rights and duties as other permanent residents unless otherwise specified, including the right to apply for naturalization if otherwise eligible, and removes the conditions with Form I-751; someone not included in their parent's I-751 may file a separate joint petition with their U.S. citizen stepparent at any time before the conditional status expires. Whether a C symbol applies depends on the facts; an immigration attorney can apply the rule to your family.[1,7,11,12]

Who counts as the parent

High confidence You must be a U.S. citizen and your son's or daughter's "parent" as the Immigration and Nationality Act (INA) defines it: the relationship counts only if it fit one of the definitions of "child" in INA 101(b)(1), such as a child born in wedlock, a stepchild, a legitimated child, a child born out of wedlock or an adopted child. The age limits below therefore look back to when your son or daughter was young.[5,13]

Proof of the relationship, by type of parent

  • Mother: your son's or daughter's birth certificate showing your name. Father of a son or daughter born while you were married to their mother: the birth certificate, your marriage certificate and proof that any earlier marriages of either parent legally ended, issued by civil authorities.[6]
  • Father of a son or daughter born outside marriage: show either that they were legitimated (for example, through your marriage to the mother) before turning 18 while in the legal custody of the legitimating parent, with the birth certificate and your marriage certificate or other civil evidence of legitimation; or that you are the natural father (the civil birth certificate showing your name) and that a real (bona fide) parent-child relationship existed while they were unmarried and under 21. Records made at the time, such as money order receipts or cancelled checks for your support, your tax returns, school records or letters between you, are the most persuasive evidence of that relationship.[6,13]
  • Stepparent: your stepson's or stepdaughter's civil birth certificate showing the name of the parent you married, a civil marriage certificate showing you married that parent before your stepson or stepdaughter turned 18, and proof that any earlier marriages of you and that parent ended.[6]
  • Adoptive parent: a copy of the adoption decree issued by civil authorities. The adoption must have taken place before your son or daughter turned 16 (18 if the sibling exception applies), and you must show at least 2 years of legal custody and 2 years of living together, each of which can be added up across separate periods. The law also counts a child adopted under 16 who was battered or subjected to extreme cruelty by the adoptive parent, or by a family member of the adoptive parent living in the same household, without the 2 years.[1,2,6,13]

What else goes with the I-130

  • Form I-130, signed and with the correct fee, plus proof that you are a U.S. citizen: a copy of your U.S. birth certificate, unexpired U.S. passport, Consular Report of Birth Abroad, naturalization certificate or certificate of citizenship, or an original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport. File a separate I-130 for each married son or daughter; their spouse and children can be included on that petition and do not need one of their own.[1,2]
  • Proof of any legal name change (yours or your son's or daughter's), and a full English translation of every foreign-language document with the translator's certification that it is complete and accurate and that they are competent to translate. If a primary civil document is not available, USCIS may accept secondary evidence, such as school, medical or religious records issued at the time of the event; where the State Department's manual says that document is generally available in the country, you first need a letter from the registrar stating that it is not available.[1,2,6]

Fees

USCIS fees from Form G-1055, edition 10/07/26; State Department fees from 22 CFR 22.1 (eCFR current as of Oct. 1, 2026). USCIS rejects a filing that comes with an incorrect fee, so check both before paying.
ItemAmountWhen it applies
Form I-130$675 paper / $625 onlineEach petition the U.S. citizen parent files
Form I-485$1,440 paper / $1,390 onlineEach person adjusting status in the U.S., including the spouse and each child, unless the under-14 rate below applies
Form I-485, under 14$950 paper / $900 onlineOnly when filed together with a parent's Form I-485
Form I-765 work permit$260While a Form I-485 filed with its fee on or after April 1, 2024, is pending; $0 if the pending I-485 was filed with its fee on or after July 30, 2007, and before April 1, 2024
Form I-131 advance parole$630 paper / $580 onlineTravel permission while Form I-485 is pending; $0 if that I-485 was filed with its fee on or after July 30, 2007, and before April 1, 2024
Immigrant visa application (State Department)$325 per personEach person applying for an immigrant visa abroad, including the spouse and each child
Affidavit of support review (State Department)$120Only when the affidavit is reviewed domestically
USCIS Immigrant Fee$235Each person immigrating on an immigrant visa; paid after the visa is issued, ideally before travel
Form I-751$750 paper / $700 onlineOnly for a conditional resident (C31, C32, C33) removing the conditions; $0 for a conditional resident filing a waiver of joint filing based on battery or extreme cruelty
Checked Oct 18, 2026[8,14,15]

Waiting for a visa number

A visa is available to your son or daughter when their priority date is earlier than the cut-off date shown for F3 and their country of chargeability in the applicable chart of the State Department's monthly Visa Bulletin. Only then can they file Form I-485 in the U.S., or be scheduled for an immigrant visa interview abroad. "C" means visas are currently available to all qualified applicants in that category and country; "U" means visas are temporarily unavailable.[4,16]

For Form I-485, USCIS designates each month which chart applies, Final Action Dates or Dates for Filing, and expects to do so within a week after the Visa Bulletin is published; unless USCIS says otherwise, the Final Action Dates chart applies, and in a month when that chart shows the category current or a later date than the Dates for Filing chart, it may be used. Dates can also move backward (visa retrogression) when more people apply than there are visas; a new supply of visa numbers becomes available when the fiscal year begins on October 1. The chart below shows the current month.[4,17]

Visa Bulletin · F3 · Oct 2026

Official
ChargeabilityFinal action datevs. last monthDate for filing
All countries (incl. Taiwan)——Nov 1, 2014
China (mainland-born)——Nov 1, 2014
India——Nov 1, 2014
Mexico——Dec 1, 2002
Philippines——Oct 22, 2006

USCIS accepts the Date for filing chart for employment-based I-485 filing in Oct 2026.

F3 · Cutoff date over time (Final action date)
All countries (incl. Taiwan)China (mainland-born)India
Current2009-012009-112010-082011-062012-0423/1024/0324/0825/0125/0625/1126/0426/07
Official

Source: USCIS — When to File Your Adjustment of Status Application: October 2026 (USCIS's copy of the Visa Bulletin chart it designated) · Retrieved Oct 12, 2026

Your son's or daughter's spouse and children

The spouse (visa symbol F32) and each child (unmarried and under 21, visa symbol F33) of your married son or daughter get the same F3 classification and priority date when accompanying or following to join them, whether or not named in the petition and without a separate petition, unless they already qualify for an immigrant visa of their own that is immediately available.[5,6,10]

What counts is when the family relationship began. A spouse or child your son or daughter had before becoming a permanent resident, or a child later born of a marriage that already existed then, is entitled to derivative status and the same priority date however much time passes before they immigrate, within the limits below. A spouse or child acquired through a marriage after your son or daughter became a permanent resident is not a derivative. A family member issued an immigrant visa within 6 months of your son's or daughter's visa or adjustment of status counts as accompanying, but may not arrive in the U.S. before your son or daughter.[18]

Following to join does not need a separate I-130. For a child, USCIS says a son or daughter who became a permanent resident inside the U.S. can file Form I-824 (Application for Action on an Approved Application or Petition), and one who got the immigrant visa abroad can contact the National Visa Center (NVC) for follow-to-join information. The family member must immigrate before your son or daughter naturalizes; otherwise, once a citizen, your son or daughter must file an immediate relative petition for them. The family member also loses the basis to follow if your son or daughter dies or loses status, or if the relationship ends; a child also loses it at 21 (unless the Child Status Protection Act applies) or on marrying.[1,18]

If a child turns 21 before getting a visa, the Child Status Protection Act (CSPA) may still count them as a child. For a derivative child, the CSPA age is their age on the date a visa became available to your son or daughter (their parent), minus the time your I-130 was pending. The visa counts as available on the later of the I-130 approval date or the first day of the Visa Bulletin month whose Final Action Dates chart shows it available.[9,19]

To keep that CSPA age, the child must stay unmarried and seek to acquire permanent residence within 1 year of the visa becoming available, for example by properly filing their own Form I-485, submitting a completed Part 1 of their own Form DS-260, paying the immigrant visa fee to the State Department, or having a Form I-824 properly filed on their behalf. A DS-260 or I-485 filed by the parent does not count for the child. If the child misses this and shows the failure was the result of extraordinary circumstances, USCIS may use its discretion to treat the requirement as met; an immigration attorney can run the dates for your family.[18,19]

When a petition moves into or out of F3

  • Into F3: a petition for an unmarried son or daughter 21 or older (F1) becomes F3 automatically if they marry before the visa is issued, and an immediate relative petition for a child under 21 becomes F3 if the child marries. The priority date stays the filing date of the original petition, and the new spouse and any children can then come as F3 derivatives. If the case is with the NVC, tell the NVC about the change in marital status.[5,6,10,16]
  • Out of F3: if your son's or daughter's marriage legally ends, through divorce or the spouse's death, the petition automatically becomes F1 if they are over 21, with the same priority date, and their children can be F1 derivatives. If they are under 21, it becomes an immediate relative petition instead, and their children have no derivative status.[6,10]

Applying inside the U.S. (Form I-485)

If your son or daughter is in the U.S. and a visa is immediately available, they may file Form I-485 together with your I-130, while it is pending, or after approval as long as it has not been terminated or revoked; a pending I-130 must ultimately be approved. They must have been inspected and admitted or paroled (with limited exceptions), be physically present when filing, have a visa available both at filing and when USCIS decides, still have the qualifying relationship, not be subject to a bar, be admissible or eligible for a waiver, and merit a favorable exercise of discretion.[3]

Unlike immediate relatives, F3 applicants generally cannot adjust status if they are not in lawful status on the day they file, failed to keep continuous lawful status since entry (other than through no fault of their own or for technical reasons), ever worked without authorization or otherwise violated the terms of a nonimmigrant admission, or were admitted under the Visa Waiver Program. INA section 245(i) can overcome some of these bars for certain people; an immigration attorney can tell you whether it applies.[3,20]

A spouse or child in the U.S. files their own Form I-485 as a derivative: together with your son's or daughter's I-485 or while it is pending (as long as it is ultimately approved), or later if your son or daughter is still a permanent resident and they were already the spouse or child when your son's or daughter's I-485 was approved or when your son or daughter was admitted on an immigrant visa. They must currently be the spouse or child, include a document showing the relationship such as a marriage or birth certificate, be physically present in the U.S. when filing, and meet the same entry, visa availability, bar, admissibility and discretion requirements.[3]

While Form I-485 is pending, each applicant may generally apply for a work permit (Form I-765) and, before any trip abroad, for advance parole (Form I-131). Leaving the U.S. without advance parole generally means the I-485 is treated as abandoned, and for someone in removal proceedings any departure does; people in lawful H-1, H-4, L-1, L-2, K-3, K-4 or V status have separate rules. Your son's or daughter's I-485 package lists, among other things, proof of continuously maintained lawful status since arrival and an Affidavit of Support (Form I-864 or I-864EZ) if required; a required medical exam record (Form I-693) must be sent with the I-485, or USCIS may reject it.[3,21]

Applying from abroad

  1. Petition goes to the NVC

    If your son or daughter lives outside the U.S. (or lives in the U.S. but wants to apply abroad), USCIS sends the approved petition to the State Department's National Visa Center (NVC). It stays there until an immigrant visa number is available.[16]

  2. Fees, documents, interview

    The NVC collects the visa fees and supporting documents and notifies you both when a visa number is about to become available. Once the priority date is current, the consulate schedules an interview and decides whether your son or daughter is eligible for an immigrant visa.[16]

  3. Entry and Green Card

    After the visa is issued, each immigrant pays the USCIS Immigrant Fee (USCIS encourages paying before departure) and gives the unopened visa packet to the U.S. Customs and Border Protection (CBP) officer at the port of entry. If admitted, they are a permanent resident, and the Green Card is mailed once the fee is paid.[15,16]

Common mistakes

  • For a case being processed abroad: not telling the NVC about a new address, a change in marital status, or a child turning 21. USCIS notes these changes may affect eligibility or visa availability; for F3, the legal end of your son's or daughter's marriage moves the case to F1 (or to immediate relative, if they are under 21), and a grandchild who marries or turns 21 without CSPA protection can no longer come as a derivative.[6,16,18]
  • Not applying within a year after the notice that a visa is available. The State Department must terminate the registration of anyone who fails to apply for the immigrant visa within one year of that notice, and must reinstate it if the person shows, within two years of the notice, that the failure was due to circumstances beyond their control.[9]

Recent policy changes

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

I have a green card. Can I file for my married daughter?

High confidence Not as a permanent resident. Among sons and daughters, a green card holder may petition only for a child (unmarried and under 21) or an unmarried son or daughter (second preference); there is no category for a permanent resident's married son or daughter. A U.S. citizen may petition for a married son or daughter, so once you naturalize you can file an I-130 for her in F3.[1,6]

Does my son-in-law need his own petition?

No, if he was married to your daughter before she becomes a permanent resident. As the spouse of an F3 immigrant he is entitled to derivative status (visa symbol F32) with her priority date, whether or not he is named in the petition, unless he already qualifies for an immigrant visa of his own that is immediately available. A spouse she marries after becoming a permanent resident is not a derivative.[5,18]

My married son got divorced while waiting. What happens to the petition?

When the marriage legally ends, the F3 petition automatically becomes F1 (unmarried son or daughter 21 or older) with the same priority date, or an immediate relative petition if he is under 21. His former spouse can no longer come as a derivative, because the relationship has ended; in F1, his children can still be derivatives.[6,10,18]

Can my son or daughter live or work in the U.S. while waiting?

High confidence Not because of the I-130: filing or approving it gives your relative no immigration status or benefit. Generally, a work permit through the green card case can be requested once a Form I-485 is pending, and filing the I-485 requires an immediately available visa. Being out of lawful status or working without authorization can later bar an F3 relative from adjusting status in the U.S.; an immigration attorney can review their situation.[2,3,20]

How long will my son or daughter wait?

It depends on the demand for and supply of F3 visas, the per-country limits and their priority date, so it differs by country. The Visa Bulletin chart on this page shows this month's F3 cut-off dates; it does not predict when a particular case will be reached.[4]

Related categories

Content last reviewed: Oct 18, 2026 · General information, not legal advice.

Sources

  1. 1.Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents - USCISUSCIS · Agency page · Checked Oct 18, 2026
  2. 2.I-130, Petition for Alien Relative - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
  3. 3.Green Card for Family Preference Immigrants - USCISUSCIS · Agency page · Checked Oct 18, 2026
  4. 4.Visa Availability and Priority DatesUSCIS · Agency page · Checked Sep 27, 2026
  5. 5.22 CFR 42.31eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  6. 6.8 CFR 204.2eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  7. 7.22 CFR 42.11eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  8. 8.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  9. 9.8 U.S.C. 1153 (INA 203) — Allocation of immigrant visasOffice of the Law Revision Counsel, U.S. House of Representatives · Statute · Checked Sep 27, 2026
  10. 10.9 FAM 502.2 FAMILY-BASED IV CLASSIFICATIONSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  11. 11.8 CFR 216.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  12. 12.I-751, Petition to Remove Conditions on Residence - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
  13. 13.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  14. 14.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  15. 15.USCIS Immigrant FeeUSCIS · Agency page · Checked Sep 27, 2026
  16. 16.Consular ProcessingUSCIS · Agency page · Checked Sep 27, 2026
  17. 17.Adjustment of Status Filing Charts from the Visa BulletinUSCIS · Agency page · Checked Sep 27, 2026
  18. 18.9 FAM 502.1 IV CLASSIFICATIONS OVERVIEWU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  19. 19.Child Status Protection Act (CSPA)USCIS · Agency page · Checked Sep 27, 2026
  20. 20.8 CFR 245.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  21. 21.8 CFR 245.2 — Application (adjustment of status)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026