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A son of US Citizen recently married to a US Citizen
- Thread starter Denden
- Start date
You should immigrate through your spouse. Your mother's petition is still many years away from being current (visa numbers for the F3 category (married child of U.S. citizen) is currently only available for petitions filed in 03), and if you immigrate through your spouse, there is no wait for visa numbers.
If you are in the U.S., you would go through Adjustment of Status; if you are outside the U.S., you would go through Consular Processing. It's not hard to do without an attorney. If you have further questions you can post on this forum.
If you are in the U.S., you would go through Adjustment of Status; if you are outside the U.S., you would go through Consular Processing. It's not hard to do without an attorney. If you have further questions you can post on this forum.
Thank you for such a quick response!
That is absolutely right, the chances of getting my GC through my mother are incredibly remote at this point.
Yes, I'm in the US for over 11 years. During this period I've stayed for more than 2 years without a status, and that's
why my wife and I were considering to work with an attorney. Although from what I've read, the "no status" overstays
are automatically waived once married to a US citizen. Thank you for your thoughts. D.
That is absolutely right, the chances of getting my GC through my mother are incredibly remote at this point.
Yes, I'm in the US for over 11 years. During this period I've stayed for more than 2 years without a status, and that's
why my wife and I were considering to work with an attorney. Although from what I've read, the "no status" overstays
are automatically waived once married to a US citizen. Thank you for your thoughts. D.
I was just mentioning that getting GC through your mother was slow. But if you are out of status now, or won't be able to maintain status until the visa number is available on your mother's petition, then yes, that will be a problem, because for non-Immediate-Relative categories, you need to be in status to file for Adjustment of Status.
Filing as the spouse of a U.S. citizen, you are in the Immediate Relative category and don't need to be in status to file for Adjustment of Status. Nothing is "waived"; you have no ban yet and whether you are in status is not relevant for eligibility. You don't need a lawyer unless you want to.
Filing as the spouse of a U.S. citizen, you are in the Immediate Relative category and don't need to be in status to file for Adjustment of Status. Nothing is "waived"; you have no ban yet and whether you are in status is not relevant for eligibility. You don't need a lawyer unless you want to.
No. You would file I-130 and I-485 concurrently, because visa numbers are always available for Immediate Relatives.OK I see...
So if I'm getting it right, the first step right now is to submit the I-130 and once that's approved, then submit the I-485.
Thanks! D.