A U.S. citizen (USC) may petition for his/her foreign national married son or daughter to qualify for the "F3" preference category.  Such F3 beneficiaries are not considered immediate relatives because Congress has determined that if such sons and daughters have married they are not dependent on their parent(s).  The spouse and child(ren) of the F3 beneficiary will qualify as derivative beneficiaries.  If the USC wishes to petition for more than one married son or daughter, separate petitions must be submitted.

Definition of Child
To qualify for this preference category, the married son or daughter must have, at some earlier point in his/her life, met the legal definition of "child" when s/he was under the age of 21 under U.S. immigration law.

Visa Availability
Only 23,400 visas per year (plus any unused visas from the F1 and F2 categories) are available worldwide in this visa category.  The married son or daughter must have an approved immigrant petition (I-130) and wait for a visa number to become available before applying to adjust status in the United States (Adjustment of Status) or to obtain an immigrant visa abroad at a U.S. Consulate (known as Consular Processing).  There is usually a long waiting list in this category, and depending on the married son or daughter’s country of chargeability, s/he may have to wait several years before having the opportunity to become a Lawful Permanent Resident.  To check the current waiting list in this preference category, click here. 

Situations that may affect the F3 Category
There are common situations that may positively or negatively affect the status of a filed petition first depending on whether the petition has been filed and/or been approved.  The most common situations are described below.

1) Petitioner's Death - If the USC dies before the I-130 petition is approved, the petition is automatically canceled.  If the death occurs after the petition is approved, the married son or daughter can restore the petition by finding an alternative affidavit of support (I-864) from a relative outside the immediate relative.  The Priority Date is retained.

2) Divorced / Widowed Petitioner - If the USC petitioner becoming divorced or widowed does not affect the petition.  Hence, the married son or daughter and all derivative beneficiaries are still green card eligible.

3) Loss of U.S. Citizenship - In the event that the USC loses his/her status as a U.S. Citizen, the married son or daughter and any derivative beneficiaries (spouse and unmarried minor children) will lose their green card eligibility.

4) Beneficiary's Death - If the married son or daughter dies before or after the petition is filed, regardless of approval, the petition is automatically canceled.  The spouse and any unmarried child(ren) included as derivative beneficiaries on the petition will no longer be eligible for a green card.

5) Divorced / Widowed Beneficiary - If the married son or daughter gets legally divorced or is widowed after the USC's petition has been approved but while the F3 beneficiary is waiting for an immigrant visa number, the petition is notautomatically canceled.  In fact, it will be automatically upgraded to the F1 preference category, "unmarried son or daughter of a U.S. citizen unless the beneficiary chooses to opt-out.  The priority date will be retained, but the waiting period will significantly decrease.

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