First Consulting Group - Immigration Law Firm

U.S. Citizen Child Sponsorship

A U.S. citizen can sponsor their child to immigrate to the United States. There are three situations in which a U.S. citizen may sponsor a child: first, sponsoring a child under 21 years old (child of a U.S. citizen). Second, sponsoring an unmarried child over 21 years old. Third, sponsoring a married child.

U.S. citizen sponsoring a child

U.S. citizen sponsoring an unmarried child under 21 (IR2/CR2 category)

A U.S. citizen can sponsor a child under 21 years old who is unmarried (also referred to as a child of a U.S. citizen). In this case, petitions for a minor child are not subject to annual visa limits, which means the visa becomes available immediately without waiting in line. The total processing time to complete the case is usually about 1.5 to 2 years.

An important point to note is that when sponsoring a child under 21, the age of 21 is determined at the time the petition is filed. This means that if a U.S. citizen files a petition when the child is 20 years, 11 months, and 29 days old, the child will still be considered a minor under this category even if they are already over 21 by the time of the interview.

Financial sponsorship for children under 18

For cases where a U.S. citizen sponsors an unmarried child under 21, there is a special provision for children under 18. The petitioner does not need to submit Form I-864 (Affidavit of Support) and does not need to provide proof of income or tax returns. Instead, Form I-864W can be submitted to request an exemption. The reason is that under the Child Citizenship Act (CCA), the child will automatically become a U.S. citizen upon entering the United States and residing with the parent. Therefore, the financial sponsorship obligation is waived at that time.

U.S. citizen sponsoring an unmarried child over 21

A U.S. citizen can sponsor an unmarried child over 21 years old. This petition falls under the F1 preference category. Each year, the number of visas issued in this category is limited under U.S. immigration law. As a result, the waiting time depends on the visa bulletin published each year. Currently, the estimated waiting time for this category is around 9 years or more, though it may change monthly depending on the visa bulletin updates from the NVC.

U.S. citizen sponsoring a married child

A U.S. citizen can sponsor a married child. This petition falls under the F3 preference category. The annual limit for this category is 23,400 visas, and it is also controlled by the visa bulletin. Currently, the waiting time for the F3 category is approximately 13 years or more, and the timeline may change each month depending on the visa bulletin.

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Process of Filing a Child Sponsorship Petition

Step 1: Submit the Petition to USCIS

A U.S. citizen submits a petition to sponsor their child (Form I-130), along with evidence proving the parent–child relationship and the required filing fee to USCIS.

  • About 4–6 weeks after submitting the petition, you will receive a receipt notice from USCIS confirming that your case has been received. You do not need to take any action at this stage.
  • After about 6–9 months, you may receive an approval notice from USCIS – this timeline generally applies only to cases where a U.S. citizen sponsors a child under 21 years old.
  • For preference category cases, the waiting time may range from about 2–10 years depending on the category and which USCIS service center is processing the petition. USCIS will notify you whether the case is approved, requires additional evidence, or is denied.
  • If the petition is approved, you do not need to take any action at this stage.
  • If additional evidence is requested, you should carefully review the request and submit the required documents within the specified deadline to avoid denial.

Step 2: National Visa Center (NVC)

After USCIS approves the petition, the child sponsorship case will be transferred to the National Visa Center (NVC).

  • For petitions involving an unmarried child under 21 years old, the case will continue processing and will be forwarded to the U.S. Consulate for the visa interview.
  • For preference category cases, the petition will continue waiting according to the Visa Bulletin priority dates.
  • About 2–3 months after the case is transferred, the NVC will send you an email and a letter containing your case number and invoice number.
  • Each year, you should log in to the NVC online system to check the status of your case.
  • When the case becomes current (based on the Visa Bulletin), you must log in to the NVC online system to pay the required fees and submit the Affidavit of Support along with the necessary supporting documents.
  • About 2–3 months after submitting the complete online documents, the NVC will send a notice confirming that the case is documentarily complete.
  • Even after the case is complete, you must still wait until the visa becomes available (based on the Visa Bulletin) before the interview can be scheduled.

Step 3: Vaccination, Medical Examination, and Interview with the U.S. Consulate

  • After receiving the interview appointment letter, the applicant must schedule the required vaccinations and medical examination.
  • The sponsored beneficiary must attend the interview at the U.S. Consulate. The applicant must bring a passport, the interview appointment letter, and all required documents, including evidence proving the parent–child relationship. The purpose of the interview is to verify that the parent–child relationship is genuine and that there is no indication of fraud for immigration purposes.
  • All accompanying beneficiaries must also attend the interview.

Step 4: Visa Issuance and Green Card Fee Payment

  • After the interview, you will know whether the visa is approved. If the consular officer keeps your passport, it means your immigrant visa has been approved. The visa will be placed in your passport and returned to you within a few days.
  • After receiving the visa, you must pay the $235 USCIS immigrant fee online.

Step 5: Enter the United States and Receive the Green Card

  • The visa issued is an immigrant visa and is valid for 6 months. Therefore, you should arrange travel to the United States before the visa expires.
  • The green card will be issued within approximately 2–3 months after you enter the United States. From that point on, the sponsored beneficiary becomes a lawful permanent resident with the right to work, study legally in the U.S., and travel in and out of the country without needing another visa.

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Requirements for Sponsoring a Child

To file a child sponsorship petition, the petitioner must meet the following requirements:

  • Must be a U.S. citizen.
  • Must meet the income requirement. The income requirement varies depending on the state, the number of people in the household, and how many beneficiaries are being sponsored.

If the petitioner does not meet the income requirement, they may use:

  • Assets: You may use assets such as land, houses, or stocks. The asset value must be at least three times the required income level.
  • Joint sponsor: You may find a joint sponsor such as a relative, family member, or friend.

Required Documents and Forms for Child Sponsorship

Submit to USCIS

U.S. citizens must submit:

  • Form I-130
  • Passport, Certificate of Citizenship, or U.S. Birth Certificate (if born in the United States)
  • Birth certificate
  • Marriage certificate between the petitioner and the child’s mother (if applicable) – for cases where the father petitions for the child

Submit to the National Visa Center (NVC)

For the beneficiary:

  • Form DS-260
  • Birth certificate
  • Marriage certificate
  • Divorce decree (if applicable)
  • Spouse’s civil documents (if applicable)
  • Passport
  • 2 x 2 inch photos
  • Police Certificate No. 2

For the U.S. citizen petitioner:

  • Form I-864
  • Most recent tax return
  • Two most recent pay stubs
  • Employment verification letter
  • Business license (if applicable)

Submit to the U.S. Consulate

  • Interview appointment letter
  • DS-260 confirmation page
  • Passport
  • Citizen ID card
  • 2 x 2 inch photos
  • Birth certificate
  • Marriage certificate
  • Divorce decree (if applicable)
  • Supporting civil documents (if applicable)
  • Police Certificate No. 2
  • Birth certificate of the petitioner

Evidence proving the parent–child relationship may include: photos of the parent and child together from childhood to the present, the child’s school records (if any), household registration listing both the parent and the child, family religious records (if any), report cards, and money transfer receipts (if any).

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Author: minhle
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