1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. US Immigration attorney, Rajiv S. Khanna hosts a free community conference call for US Immigration questions every other Thursday at 12:30 p.m, EST. You can post your questions in the conference call forum and dial into the call at (202)800-8394.

F2B and getting married

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by funzine, Apr 22, 2008.

  1. funzine

    funzine Registered Users (C)

    Hi,

    My parents had applied for F2B (Green Card petition for Unmarried children above the age of 21 of Greencard holder parents) in 2003. I have just received BMB Case number and do not have any priority date yet.

    Now I am getting married.
    What willl happen to my F2B petition?
    My husband is H1B holder, is there anyway I can go with him to US on H4 without getting my file closed? Can I transfer my F2B or do something to Use 5 years I spent waiting for GC?

    Thanks in advance for your replies.

    - Funzine.
  2. GotPR?

    GotPR? Registered Users (C)

    Assuming you are talking about I-130, since you lost your eligibility to F2B, it's void.
    You can come to the US under H4.
  3. funzine

    funzine Registered Users (C)

    Thanks GotPR for quick reply.

    In future when my F2B application becomes current, will I be able to Use that for getting the GC?
  4. GotPR?

    GotPR? Registered Users (C)

    F2B is for unmarried son/daughter. As soon as you get married, you lose eligibility. Answer is No in general.
    but if your I-130 is already approved, you MAY be able to use the old PD for other immigration petition in Familiy base category(not other category like employment base).
    Last edited by a moderator: Apr 22, 2008
  5. Triple Citizen

    Triple Citizen Registered Users (C)

    Your parents would need to submit a fresh I-130 once they become US citizens and sponsor you under F3. You may be able to use the F2B priority date.

  6. funzine

    funzine Registered Users (C)

    Thanks.
    It will be very useful as if I can use my priority date, I will be saving few precious years.

    I do not have priority date assigned yet, as application has not reached that stage yet.

    Mine was filed in 2003 and current is 1999.

    Thanks for your reply.
  7. xerostomic

    xerostomic Registered Users (C)

    if you parents are close to naturalization which I assume they should be looking at your pd, then you can delay your marriage for few months and your petition will be saved and transfered to FB3.
  8. Triple Citizen

    Triple Citizen Registered Users (C)

    If your folks were GC holders in 2003, then they should be eligible (or real close) to submit their N-400s now. I would advise you to hold off on getting married until they become US citizens.

    Last edited by a moderator: May 17, 2008
  9. LucyMO

    LucyMO Registered Users (C)

    since your petition was filed in 2003, that is your priority date (date your application was received by USCIS). It hasn't become current yet, but it doesn't mean you weren't assigned a priority date.
  10. Kaunas

    Kaunas Registered Users (C)

    This is exactly my son's situation.
    I applied in July 2000 form I-130 - FB2.
    I got my citizenship in July 2004.
    They got married September 4, 2004.
    I applied with a letter to USCIS, they changed category to FB3 and approved it.
    Now case is in NVC, Priority date still the same.
  11. funzine

    funzine Registered Users (C)

    Thanks all for your replies. :)

Share This Page