Marriage while I130 pending - Plz Help

[TroySJ]

Hi Guys,

I would appreciate your input on this.

A friend of mine has marrid recently with his wife waiting for interview.

Here is the complete sequence.

They are both outside US.
1. His wife's family got family Green card at 2001, She was 21+ she didn't get in
2. Her Mom applied for her in 2002 (Her mom on GC)
3. Her Mom became US citizen 2007 and reapplied for her. It seems from the documents that her Priority Date is still at 2002
4. She got married late in 2008 to my friend and it seems that their atorney has re-submitted the marriage doc and petition for both of them husband and wife in early 2009.
5. She got an interview as a single 2 weeks ago (April 2009), it seems that the system was not updated with the marriage

Now their attorney suggest that she should not go for the interview and they should update all the files in USCIS with the marriage, and they should wait this will change their status from FB1 to FB3 witht he same PD for both of them and in 2-3 years they will both get their Green Card together...

Now here are the questions:
1. Should she completely ignore the interview?
2. Does my friend have the same priority date as hers, by that I mean in 2-3 years do they get their GC together?
3. Is the estimate 2-3 years realistic? how long do you think it really take based on all the timing above?

Thank you very much for the help

Troy

[LucyMO]

Originally Posted by TroySJ

2. Her Mom applied for her in 2002 (Her mom on GC)
3. Her Mom became US citizen 2007 and reapplied for her.

why?

4. She got married late in 2008 to my friend and it seems that their atorney has re-submitted the marriage doc and petition for both of them husband and wife in early 2009.

once again - why file another petition?

5. She got an interview as a single 2 weeks ago (April 2009), it seems that the system was not updated with the marriage

that's exactly what it looks like.

Now their attorney suggest that she should not go for the interview and they should update all the files in USCIS with the marriage, and they should wait this will change their status from FB1 to FB3 witht he same PD for both of them and in 2-3 years they will both get their Green Card together...

Now here are the questions:
1. Should she completely ignore the interview?

no. She should go
or cancel it. But not ignore it. If she goes, she shouldn't pay for a visa, but downgrade her petition instead to FB3.

2. Does my friend have the same priority date as hers, by that I mean in 2-3 years do they get their GC together?

yes. he is her derivative. if they have children, they will also be derivatives.

3. Is the estimate 2-3 years realistic? how long do you think it really take based on all the timing above?

yes. Look up "visa bulletin" and you'll understand.

[TroySJ]

Originally Posted by TroySJ
2. Her Mom applied for her in 2002 (Her mom on GC)
3. Her Mom became US citizen 2007 and reapplied for her.

why?

---Wrong choice of word by me - updated the file with the new situation
Quote:
4. She got married late in 2008 to my friend and it seems that their atorney has re-submitted the marriage doc and petition for both of them husband and wife in early 2009.

once again - why file another petition?
---Wrong choice of word by me - updated the file with the new situation

Quote:
5. She got an interview as a single 2 weeks ago (April 2009), it seems that the system was not updated with the marriage

that's exactly what it looks like.


Quote:
Now their attorney suggest that she should not go for the interview and they should update all the files in USCIS with the marriage, and they should wait this will change their status from FB1 to FB3 witht he same PD for both of them and in 2-3 years they will both get their Green Card together...

Now here are the questions:
1. Should she completely ignore the interview?

no. She should go or cancel it. But not ignore it. If she goes, she shouldn't pay for a visa, but downgrade her petition instead to FB3.

Does she have the option to go ---As her status is changes, what will happen if she goes?


Quote:
2. Does my friend have the same priority date as hers, by that I mean in 2-3 years do they get their GC together?

yes. he is her derivative. if they have children, they will also be derivatives.


Quote:
3. Is the estimate 2-3 years realistic? how long do you think it really take based on all the timing above?

yes. Look up "visa bulletin" and you'll understand.