Family petition for your children I-130
The category for petitioning for your son or daughter depends on three things: their age, whether they're married or unmarried, and whether you're a citizen or a permanent resident. An unmarried child under 21 of a citizen is an immediate relative, with no quota wait. An unmarried child age 21 or older of a citizen falls into category F1; a married child of a citizen falls into F3. A permanent resident can only petition for unmarried children: under 21 in category F2A, or 21 and older in F2B, and can never petition for a married child under any category.
| Form | I-130 |
|---|---|
| USCIS filing fee | $625 online / $675 by mail |
| Approximate time | No quota wait if an immediate relative; variable wait for F1, F2A, F2B, or F3 depending on the child's country of birth — check the current estimate in the official USCIS processing times tool. |
| Online filing | Yes |
The four possible categories for a child, by age, marital status, and your status
| Your status | Child's marital status | Age | Category | Quota wait? |
|---|---|---|---|---|
| Citizen | Unmarried | Under 21 | Immediate relative | No |
| Citizen | Unmarried | 21 or older | F1 | Yes |
| Citizen | Married | Any | F3 | Yes |
| Permanent resident | Unmarried | Under 21 | F2A | Yes |
| Permanent resident | Unmarried | 21 or older | F2B | Yes |
| Permanent resident | Married | Any | Not available | — |
The row that confuses people most is the last one: a permanent resident has no way to petition for an already-married son or daughter. If that's your situation, the options are waiting for your child to divorce (something Formway doesn't recommend as a strategy) or completing your own citizenship process first so category F3 becomes available.
Who can file
- A U.S. citizen can file an I-130 for an unmarried child under 21 (immediate relative, no quota wait).
- A U.S. citizen can file an I-130 for an unmarried child age 21 or older (category F1) or for a married child of any age (category F3).
- A permanent resident can file an I-130 for an unmarried child under 21 (category F2A) or 21 or older (category F2B).
- A stepchild relationship qualifies if the marriage that created it happened before the child turned 18, per the USCIS Policy Manual (Volume 6, Part B).
Who doesn't qualify
- A permanent resident cannot file an I-130 for a married son or daughter under any category; that child would need to divorce, or the petitioner would need to naturalize first for F3 to become available.
- A stepchild relationship doesn't qualify if the marriage that created it happened after the child turned 18.
- An adopted child doesn't qualify if the adoption happened after they turned 16, or without at least 2 years of legal custody and joint residence.
- A child born outside marriage to a father (not a mother) generally needs additional evidence of legitimation or a genuine parent-child relationship established before the child turned 21.
Documents you'll need
- Complete Form I-130 for each child (and Form I-130A if the child will adjust status inside the U.S.)
- The child's birth certificate showing the petitioner's name
- Proof of the petitioner's citizenship or residency
- If the child is married, a copy of the marriage certificate
- If the relationship is stepchild, the biological parent's marriage certificate to the stepparent
- If the relationship is by adoption, a copy of the adoption decree and evidence of legal custody and joint residence
- Certified English translation of any document not in English
Step by step
- Identify your child's exact category. Confirm their age, marital status, and your own status (citizen or resident) to know if they're an immediate relative or which preference category applies.
- Gather proof of the relationship. Collect the birth certificate and, if applicable, the marriage documentation (the child's, or yours with the stepparent) or adoption records.
- Complete Form I-130. File a separate form for each child; if the child is already in the U.S. and seeking adjustment of status, also complete the I-130A.
- File the petition with USCIS. Submit the I-130 online or by mail, along with the USCIS fee and all the evidence.
- Wait for visa availability if your child falls into a preference category. If your child is an immediate relative, you can move forward as soon as the I-130 is approved; if they fall into F1, F2A, F2B, or F3, you have to wait for the Visa Bulletin to mark their priority date as current.
Common mistakes that delay these cases
Not anticipating that the child is about to turn 21
Consequence: The child can move from immediate relative to category F1, with a quota wait, completely changing the timeline.
How to avoid it: Calculate your child's age under the Child Status Protection Act (CSPA) before deciding when to file, and file as soon as possible if they're close to 21.
Not reporting that the child got married during the process
Consequence: If an unmarried child marries while the petition is pending, the category changes (for example, from F1 to F3, or they lose eligibility as F2A/F2B of a resident), which can add years to the process or make them ineligible.
How to avoid it: Report any change in your child's marital status immediately while the petition is pending.
Insufficient evidence in stepchild or adoption relationships
Consequence: USCIS issues a Request for Evidence (RFE) or denies the petition if the date of the marriage or adoption isn't clear.
How to avoid it: Gather the complete marriage certificate or adoption decree, with clear dates, before filing.
Uncertified translations
Consequence: USCIS rejects the document or asks for a new translation, delaying the case by several weeks.
How to avoid it: Every translation must include a certification signed by the translator stating it's complete and accurate.
What Formway prepares for this process
USCIS filing fee (government)
$625 online / $675 by mail
You pay the USCIS fee directly to the government, not to Formway. It can change; verify the current amount at uscis.gov before paying.
- Identifying the correct category based on your child's age, marital status, and your status
- Completing Forms I-130 and I-130A for each child
- A relationship evidence checklist tailored to your case
- Certified translation of records and documents not in English
- Tracking the Visa Bulletin if your child falls into a preference category
- Final review of the entire package before it goes to USCIS
Frequently asked questions
Do I need a lawyer to petition for my son or daughter?
Not for most cases. Formway prepares the I-130 and the relationship evidence without added legal complications. If your child has a deportation order, a criminal record, or the case is already in court, you do need a licensed attorney, and we'll tell you directly.
How much does it cost to file my child's I-130?
The USCIS fee is $625 online or $675 by mail; verify the current amount at uscis.gov before paying. On top of that is Formway's fee for preparing the full file.
What category applies if my child is 19 and I'm a citizen?
If your child is unmarried and hasn't turned 21 yet, they're an immediate relative: no quota wait. As soon as they turn 21, they'd move to category F1 unless the Child Status Protection Act (CSPA) freezes their age for the time it took to process the petition.
Can I petition for my married child if I'm a permanent resident?
No. A permanent resident can only petition for unmarried children, in categories F2A (under 21) or F2B (21 and older). To petition for a married child (category F3), you first need to become a citizen.
How long does my child's petition take?
It depends on the category. If they're an immediate relative, they only wait for USCIS processing time. If they fall into F1, F2A, F2B, or F3, they also wait for the Visa Bulletin to mark their priority date current, which varies a lot by country of birth.
Can I petition for my stepson or stepdaughter?
Yes, if the marriage that created that relationship happened before your stepchild turned 18. If the marriage happened after that age, the relationship doesn't qualify for a family petition.
What happens if my child marries while waiting for the petition?
Their category changes based on their new situation: for example, a citizen's child would move from F1 to F3. If your child was F2A or F2B as the child of a permanent resident, marrying generally makes them ineligible for that category. Report the change right away.
What is the Child Status Protection Act (CSPA)?
It's a law that can subtract from your child's actual age the time USCIS took to process the I-130, so they don't lose their under-21 category just because of processing delays. The exact calculation depends on the category and is worth reviewing ahead of time.
What can a lawyer do that Formway can't?
Formway prepares documents, but doesn't represent cases. A licensed immigration attorney can represent you before USCIS, an immigration court, or the Board of Immigration Appeals, appear at hearings or interviews on your behalf, sign Form G-28, Notice of Entry of Appearance as Attorney, give a legal opinion on whether you qualify for an immigration benefit, and appeal a decision or file a motion for reconsideration.
When is a lawyer a better fit than Formway for a child petition?
A lawyer is a better fit if your child has a deportation order, entered without inspection and isn't an immediate relative, a criminal record, a complex or borderline CSPA calculation, questions about legal paternity, or the case is already in immigration court. We'll tell you directly if that's your situation.
In summary
- The category depends on three factors: your child's age, whether they're married or unmarried, and whether you're a citizen or a resident.
- Unmarried child under 21 of a citizen: immediate relative, no quota wait.
- Unmarried child 21+ of a citizen: category F1. Married child of a citizen: category F3.
- A permanent resident can only petition for unmarried children (F2A or F2B); never a married child.
- A lawyer is necessary if there's a criminal record, a deportation order, or a complex CSPA calculation.
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