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#1
25th June 2009, 04:34 PM
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got marries while filing was pending
hi ! i hope i can get some help. my grandmother filed for all her children grand children including me . five years ago they all went to the us except my brother and i because we were not eligible, because we became 21 years old at the time of departure. so my mom reentered the petition on the behalf of us . she has become a us citizen in june 2009 . i got married in june can she petition for my wife or what should she do now?
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#2
25th June 2009, 04:55 PM
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If you got married before she became a US citizen, your petition is nullified and she has to refile for you, and you will lose your old priority date.
If you got married after she became a US citizen, your petition needs to be downgraded to the 3rd preference category, but would not have to be refiled, and the priority date would be preserved. In either case, your wife can be added as a derivative beneficiary.
__________________
PD: Jan 2003 (EB3 rest of world) I-485 filed: June 2005 Approved: July 2007 I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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