Child of LPR got married while waiting for his green card overseas

S

ShaneMild

Registered Users (C)
Hello!

A GC holder parent did I-130 petition for his 20 year old son in 2007, which was approved a few months later and is classified as category 2B on the visa bulletin board. That son just got married and he is still overseas waiting for his immigrant visa to become available, probably in 2011. Will he be able to bring his bride with him when he gets his visa? or does he now fall under a different category altogether because he got married, which is 2A and takes longer? Any help with info or links would be greatly appreciated.
 
GC parents cannot petition married children. Only USC parents can petition married children. His GC I-130 is no longer valid. You have to wait what "the real canadaian" saids...wait until one of the parent become USC and file another I-130. USC filing for married children has a wait time of 8-9 years. I am not an expert, maybe you can claim the priority date on the previous approved I-130. Good Luck.
 
Thank you both for your replies.

It doesn't make sense that his son's petition would be canceled!! Some people wait for over 13 years to get their immigrant visa's... and they're not supposed to get married in fear of losing their eligibility?? How odd is our immigration system!!

Does anyone know if he can claim the original date for the I-130 petition (which was submitted in Apr. 2007) when applying again after his father becomes a US citizen? anyone had similar experience?

Thanks,
SM
 
"It doesn't make sense that his son's petition would be canceled!! Some people wait for over 13 years to get their immigrant visa's... and they're not supposed to get married in fear of losing their eligibility?? How odd is our immigration system!!"

I absolutely agree with you.
To get a green card wait for 13 to 15 years and do not marry ! Then if married wait another 12 years as USC sons or daughter.
Is this a sensible immigration law under keeping the family together ?
President Obama should do something about this.

"Does anyone know if he can claim the original date for the I-130 petition (which was submitted in Apr. 2007) when applying again after his father becomes a US citizen? anyone had similar experience?"

I am also in search of any example case which could retain the priority date for I 130 petition when applying or Updating again from F2b to F3 category.

The rule is not very clear as it is not mentioned clearly any where (USCIS Immigration rules) that updating has to be done before marriage or after marriage or one can not jump from one category to another ?
So please let me know if you have more information .
I have posted many times in this forum about changing F2b To F3 but there is no clear conclusion.
Thanks
 
Last edited by a moderator:
ShaneMild said:
That son just got married and he is still overseas waiting for his immigrant visa to become available, probably in 2011. Will he be able to bring his bride with him when he gets his visa?
Click to expand...
He should have asked that question before getting married. Now neither he nor his wife are eligible for a green card via his LPR father's sponsorship.
 
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