4th Category AOS getting married

I

Iluvus

Registered Users (C)
Hi all, I have a question:

Say my dad's brother who is a USC, filed for AOS for my dad(and his wife and kids) under the category 4 (brother of USC) and the wait time for that is about 15years, so if one of my dad's children (who was under 21 at the time of filing) is now over 21 and gets married(to a non-USC), would the child still be covered and be eligible to file for AOS under the application when the priority date is current?

Thanks
 
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I remember reading before on this board that the answer used to be no, but something in the law changed recently wherea child under 21 is no longer "aged out". Don't know if this applies to all vategories or just sponsorship by parents though.

Do some searches and you'll find the thread(s).
 
eddie_d said:
I remember reading before on this board that the answer used to be no, but something in the law changed recently wherea child under 21 is no longer "aged out". Don't know if this applies to all vategories or just sponsorship by parents though.

Do some searches and you'll find the thread(s).
Click to expand...

Yeah, I found the thread but I'm talking about if the child gets married, not just over 21, Because I know that some immigration rules make distinction between unmarried child over 21 and married over 21, etc
 
Please ...need help...

My father when he was in the USA sponsored green card for me in 1994 .I was single at that time now married and in US on H1B. He was a perm Resident. My brother is a US citizen. Here is the issue. My father passed away last month ( is the biggest loss for me).and was the sponsor, how my brother can take over as the petitioner?
Thanks
 
mamamiax said:
My father when he was in the USA sponsored green card for me in 1994 .I was single at that time now married and in US on H1B. He was a perm Resident. My brother is a US citizen. Here is the issue. My father passed away last month ( is the biggest loss for me).and was the sponsor, how my brother can take over as the petitioner?
Thanks
Click to expand...
Permanent residents can't sponsor their married children. So, when you got married, your dad's petition got cancelled. Your brother can file a petition for you, but that would take about 10 years... and you have to maintain your own legal status during the waiting time, unless you go back home...
How about getting your GC thru your employer?
 
My idea is, that aging out or not is something that involves dependant children.

In the very moment the kid gets married, it's not dependant anymore, be it older or younger than 21. Which basically means, the petition does not include this specific children.

But that's just my idea.
 
rex1960 said:
In the very moment the kid gets married, it's not dependant anymore, be it older or younger than 21. Which basically means, the petition does not include this specific children.
Click to expand...

That would seem to be a reasonable conclusion.
 
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