Sponsoring children is always an important process and can sometimes be complex. This is especially true in cases such as “children over 21 who are divorced.” Many people are still confused about whether their child qualifies for sponsorship, and which visa category is appropriate. If you’re facing this issue, this article will help you find the answers.
It is not uncommon for U.S. citizens to sponsor children over 21 who are divorced. However, there are many important details to consider. Correctly identifying the appropriate sponsorship category will directly affect the processing time and the final outcome. In this article, we will explore the suitable sponsorship categories. Let’s explore with Immigration Global!
WHICH SPONSORSHIP CATEGORY IS APPROPRIATE FOR A CHILD OVER 21 WHO IS DIVORCED?
If your child is over 21 and divorced, and they are currently maintaining a single status, they can be sponsored under the F1 category. This is the sponsorship category for unmarried children of U.S. citizens.
This means that even if your child was married in the past, as long as they remain unmarried throughout the processing of their application and before receiving their visa, they will still be eligible for sponsorship under this category.
However, if your child remarries during the processing of the sponsorship application, they will no longer qualify for the F1 category. Therefore, maintaining single status is crucial throughout this process.
THE IMPACT OF DIVORCE ON THE SPONSORSHIP APPLICATION
When sponsoring a child over 21 who is divorced, the divorce must be for a legitimate reason. If the divorce is solely for the purpose of changing the sponsorship category, such as from F3 to F1, it will be considered fraudulent. The U.S. Citizenship and Immigration Services (USCIS) may deny the visa application if the purpose is found to be unlawful.
To avoid suspicion, you need to prove that the divorce had a legitimate reason. For example, it could have been due to marital conflicts. The U.S. government may require evidence, such as a change of address or separate tax filings. Preparing these documents properly is crucial. Clear evidence will help increase the chances of a successful sponsorship application. Make sure that all information regarding the previous marriage is transparent and legal.
WAITING TIME FOR SPONSORSHIP OF A CHILD OVER 21 WHO IS DIVORCED
When sponsoring a child over 21 who is divorced under the F1 category, the waiting time typically ranges from 8 to 9 years. In contrast, the F3 category, which is for married children, has a longer waiting time. The waiting time for F3 usually ranges from 12 to 13 years. The reason the waiting time for F3 is longer is because this category is given a lower priority compared to F1.
In addition to the sponsorship category, the waiting time can also be influenced by the country of origin and the number of applications waiting for review. Countries with a high volume of immigration applications will generally have longer waiting times.
PROCESS FOR SPONSORING A CHILD OVER 21 WHO IS DIVORCED
This process involves several important steps, from submitting the application to the interview. To ensure that children can immigrate to the U.S. legally and efficiently, here are the details of the sponsorship process for U.S. citizens sponsoring a child over 21 who is divorced.
1. Prepare the Sponsorship Application
First, parents can begin by preparing the sponsorship application for their child. To save time and reduce the chance of errors, you can consult with an experienced immigration attorney.
2. Submit the Sponsorship Application to USCIS
- Complete and Submit Form I-130: The sponsoring parent (U.S. citizen) must complete Form I-130 (Petition for Alien Relative) and submit it to USCIS along with any required documents.
- Pay the Fees: You can check the fees that need to be paid on the USCIS Fee Schedule page.
3. Receive Notification from USCIS
- Wait for Processing: After submitting the application, USCIS will review it and send a notification about the result.
- Approval Notice: If approved, USCIS will send Form I-797, which is the approval notice.
4. Transfer the Application to the National Visa Center (NVC)
- Forward the Application: After USCIS approval, the application will be sent to the NVC.
- Receive Notification from NVC: The NVC will send a notification along with the case number and further instructions.
5. Pay Fees and Complete the Application
- Pay Fees: The sponsor needs to pay any required fees through the NVC online system.
- Submit Required Documents: Provide additional documents, including Form DS-260 (Visa Application), financial documents, and proof of relationship.
6. Receive Interview Notification
The NVC will schedule an interview at the U.S. Embassy or Consulate and notify both the sponsor and the child about the time and location.
7. Health Examination and Vaccinations
The child must complete a health examination and vaccinations as required to qualify for the visa.
8. Prepare for and Attend the Interview
- Prepare for the Interview: Both parties should prepare the necessary documents to bring to the interview.
- Interview: The child will be asked about their relationship with the sponsor and other personal information.
9. Receive Visa and Enter the U.S.
- Visa Issuance: If the interview is successful, your child will receive an F1 visa. The NVC will send the visa and necessary documents for entry.
- Entry into the U.S.: Upon arrival in the U.S., the child will present the visa and documents at the port of entry. After that, the child will become a permanent resident and have the right to live in the U.S.
FREQUENTLY ASKED QUESTIONS (FAQ)
1. If the child is divorced but has children, does it affect the sponsorship?
The fact that your child is divorced and has children will not directly affect their eligibility for sponsorship, as long as they remain unmarried (if applying under the F1 category). However, if your child has children from a previous marriage, this could complicate the sponsorship process. This is especially true if there are changes in custody or any agreements regarding the children.
2. Is there a difference between sponsoring a divorced child over 21 and an unmarried child over 21?
When a U.S. citizen sponsors a child over 21 who is divorced, or an unmarried child over 21, both can be sponsored under the F1 category. However, there are differences in proving marital status and the required documentation:
- Unmarried child under 21 (single): Your child can be sponsored under the F1 category without needing to provide additional proof of marital status, as they remain unmarried. Proving single status is straightforward, and the application will not require special documentation regarding a divorce.
- Divorced child over 21: In this case, proving that the divorce was legitimate and had a valid reason is crucial. The U.S. government will require evidence to demonstrate that the divorce was not a fraudulent procedure meant to change marital status for immigration purposes.
3. If a divorced child later remarries, which category do they fall under?
If your child is divorced and then remarries, they will no longer qualify for sponsorship under the F1 category (for unmarried children). Instead, your child will need to apply under the F3 category (for married children).
The F3 category has a longer waiting time compared to F1, ranging from 12-13 years (compared to 8-9 years for F1). Therefore, remarriage will change the sponsorship category and may extend the processing time for the application.
CONCLUSION
Sponsoring a divorced child over 21 can be a challenging process, but with a clear understanding of the regulations and proper preparation, you can increase your chances of success.
The F1 category is the most common sponsorship option for unmarried children, including those who have divorced but remain single. However, if your child has remarried, they will no longer be eligible for F1 and will need to apply under the F3 category (for married children).
It’s important to prove that the divorce is legitimate. If the divorce is seen as fake, done only to change marital status for immigration purposes, the sponsorship application could be denied.
When you plan to sponsor a divorced child, make sure all documents about their marital status and the divorce are complete and legal. If the process feels too complicated, don’t hesitate to reach out to immigration experts for help.
At Immigration Global, with over 15 years of experience in U.S. immigration law, we are committed to handling all situations and needs with in-depth legal knowledge and practical experience. We can help you successfully sponsor your child to the U.S., whether they are divorced or not.
Contact us now for a free consultation:
📧 Email: immglobal2002@gmail.com
📞 Phone: +84 942 675 567
