Apply for I-130 as married or divorced

J

JJKramer

Registered Users (C)
My mother if filling I-130 for me.
The waiting time for unmarried over 21 is 4 years. For married is 8 years.
Should I ask her to fill me as non-married to speed up the process?

4 years is still long time. What happens to people who got married while waiting for I-130? Do you need to file a new petition as soon as you get married?
Will dept. of immigration look at it as very suspicious case if I got married while waiting for I-130?

What if I apply as married and then got divorced? I need to put a new petition? Or existing petition can be adjusted and put in different queue?

Thank you.
 
JJKramer said:
My mother if filling I-130 for me. The waiting time for unmarried over 21 is 4 years. For married is 8 years. Should I ask her to fill me as non-married to speed up the process?
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That's pretty dumb. Once the consul discovers you're married your I-130 gets denied instantly and you get a lifetime bar. Don't lie about material facts.

4 years is still long time. What happens to people who got married while waiting for I-130? Do you need to file a new petition as soon as you get married?
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No. The petition gets automatically downgraded to FB3.

Will dept. of immigration look at it as very suspicious case if I got married while waiting for I-130?
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No. People do it all the time.

What if I apply as married and then got divorced? I need to put a new petition? Or existing petition can be adjusted and put in different queue?
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I believe you then get upgraded again to FB1.
 
Hi all, I am a US citizen and i filed a petition i 130 for my wife who is in india. Its been over 5 months. My case was at california service center and i received a letter that the preliminary standard processing of this case has been completed and it has been transferred to my local uscis office for scheduling an interview. I was confused. My case status on uscis website was testing and interview. But today i received a letter that my case is being processed and its in initial review and they uscis is gonna let me know when the decision on my petition is made or if they need something else from me. Now on uscis website my case is in initial review again and testing and interview is gone. What is that suppose to mean> is there gonna be an interview for me? or they are gonna ask for the documents? Why my case came back to initial review again after 5 months
 
Monalda said:
Hi all, I am a US citizen and i filed a petition i 130 for my wife who is in india. Its been over 5 months. My case was at california service center and i received a letter that the preliminary standard processing of this case has been completed and it has been transferred to my local uscis office for scheduling an interview. I was confused. My case status on uscis website was testing and interview. But today i received a letter that my case is being processed and its in initial review and they uscis is gonna let me know when the decision on my petition is made or if they need something else from me. Now on uscis website my case is in initial review again and testing and interview is gone. What is that suppose to mean> is there gonna be an interview for me? or they are gonna ask for the documents? Why my case came back to initial review again after 5 months
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What this have to do with my question? Please start your own thread.
 
First of all, you are either married or unmarried. Unmarried includes: single, divorced, annuled, or widowed. She must file based on reality. To do otherwise is FRAUD and when they find out, even if it is 10 to 30+ years later when you apply for naturalization, they will come after you and your whole family.

READ about this family: http://www.foxnews.com/story/0,2933,315781,00.html AND http://www.nytimes.com/2008/04/12/us/12naturalize.html?pagewanted=all# AND http://www.mosquedalaw.com/IMM 153.htm

If your marital status changes after the I-130 is filed, you must notify them about the change and your visa classification will be changed accordingly.
 
BigJoe5 said:
If your marital status changes after the I-130 is filed, you must notify them about the change and your visa classification will be changed accordingly.
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Thank you.

Does anyone know - If my marital status changes, I will be put into new classification and at the END of the queue?
E.g. If I am married and after 4 years got divorced. Will I get PR without waiting since waiting for non-married is 4 years? Or I'll have to wait in the new queue from the beginning?

What If I apply married then divorce after 7 years, put into "non-married" queue, then after,say 3 years get married, I'll be put in "married queue and I'll have to wait another 8 years? 18 years in total?
 
If mom files for you on Dec. 1, 2010, you start out as married in F4 category and later you get divorced or widowed and become single, you are moved into the F1 category, that means that your waiting time for your priority date would change (get shorter) but the priority date remains the same.

The date mom files is your priority date and THAT DATE does not change. Compare the wait time from one category to the other.

Cohabitating (living together without marriage) is not going to change visa category (you would be single and F1) but provides no visa to the significant other. BUT, can you do that in your culture and religion? Out-of-wedlock children can immigrate with you, but the same question applies.

If you get divorced, your spouse loses a chance at immigrating with you, but your children could still come. Would you want to be a single parent in a foreign country? AFTER immigrating, you could remarry your ex-spouse and file as an LPR petitioner but the resulting wait would cause an extended separation and financial hardship. ALSO, this situation would look like a fraud divorce and haunt the entire process. In the end, you just have to commit to one path and stick to it to keep your sanity.
 
Is your mother a US citizen? I hope you are aware that she can't file for you in any category while you are still married if she is still a permanent resident.
 
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