Family-Sponsored Visa (FS-1): A Detailed Guide

19/10/2024

The F1 Family-Sponsored Visa, also known as the First Family-Sponsored Preferences (FS-1) visa, is a type of U.S. immigration visa. It allows U.S. citizens to sponsor their unmarried children aged 21 and older to come to the U.S. for reunification, residency, and education. This article provides a detailed guide on how to apply for the FS-1 visa.

Overview of F1 Family-Sponsored Visa (FS-1)

Purpose and Annual Quota

The FS-1 visa allows U.S. citizens to sponsor their unmarried children aged 21 and older to immigrate to the U.S. Each year, 23,400 FS-1 visas are issued, plus any unused F4 visas (for U.S. citizens sponsoring siblings).

Types of Issued Visas

• F11: For the primary beneficiary (unmarried children aged 21 and older of U.S. citizens)
• F12: For children of F11 visa holders

Requirements for FS-1 Visa Application

Sponsor Requirements

• Must be a U.S. citizen aged 21 or older with a specific address in the U.S.
• Must demonstrate financial capability to support the sponsored individual.

Beneficiary Requirements

• Must prove a parent-child relationship (adopted children require legal adoption documents).

Documents to Prepare

Proof of Relationship:

• Birth certificate
• Marriage certificate
• Adoption papers (if applicable)

Forms and Financial Documents

• Form I-130
• DS-260 confirmation page
• Financial affidavit I-864
• Sponsor's birth certificate, passport, and citizenship documents
• Beneficiary's ID, birth certificate, passport, photos, and other personal documents

FS-1 Visa Application Process

Step 1: Submit Form I-130 along with proof of relationship
The petitioner submits Form I-130 along with documents proving the relationship to the U.S. Citizenship and Immigration Services (USCIS).
Step 2: Transfer the case to the National Visa Center (NVC)
If Form I-130 is approved, the case will be processed at the NVC. The beneficiary must monitor the monthly visa bulletin on the U.S. Department of State's website to know when it is their turn to submit documents and interview for the FS-1 visa.
Step 3: Submit documents to the NVC and pay fees
Submit documents to the NVC and pay various fees, such as the immigrant visa application processing fee and the affidavit of support fee. The petitioner also needs to complete Form I-864 to demonstrate financial capability.

Step 4: Receive interview invitation from the NVC

The NVC sends an interview invitation to the beneficiary.
Step 5: Medical examination and prepare for the interview
The beneficiary undergoes a medical examination and prepares interview documents at the U.S. Consulate (interviews are conducted only at the U.S. Consulate in Ho Chi Minh City).
Step 6: Attend the interview
The beneficiary attends the interview as scheduled.
Step 7: Visa issuance
The consulate issues a visa to the beneficiary if they meet the requirements.

Processing Time

According to USCIS statistics as of November 2023, a total of 261,384 FS-1 visa applications have been submitted. The processing time at USCIS for this category is currently 96 to 108 months (8 to 9 years).

Due to the family preference nature of this category, the number of visas issued annually is limited, resulting in beneficiaries being placed on a waiting list for their turn to submit applications and interview. Currently, NVC is processing applications with a priority date of July 2015, leading to an approximate 8-year wait for FS-1 visa interviews.

Fees

Application Fees:

• Form I-130: $625 (online) / $675 (paper)

• Immigrant Visa Application DS-260: $345 per person

Affidavit of Support Form I-864:

• 120 USD

Medical Examination:

• $275 per adult (15 years and older)
• $240 per child (2-14 years)
• $165 per child under 2 years

Green Card Fee

• $235 per person

Biometrics Fee:

• $85 per person

In addition to these fees, there may be other costs incurred during the application process, such as attorney fees (if you authorize an attorney to file the application), record retrieval fees, translation, and notarization of documents.

Special Notes

If the beneficiary marries before becoming a permanent resident after submitting Form I-130, they will no longer qualify as “Unmarried Child of a U.S. Citizen.” The beneficiary must inform USCIS or NVC of their marital status, changing the petition from FS-1 to F3 visa (U.S. citizen sponsoring a married child). This change will significantly delay the issuance of the immigrant visa due to longer processing times for F3 visa applications at USCIS and NVC compared to FS-1 visas.

Given the lengthy wait times for family-sponsored immigration, if you intend to sponsor a relative to become a U.S. permanent resident and enjoy the special benefits this promised land offers, contact us now for detailed advice!

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