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joseph8008

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I am seeking some advise from this forum of experts. I am currently on a work permit in the US.

In July 2002, my dad who is currently a green card holder filed a green card application (Nebraska service center) for me under the "Unmarried child 21/older of permanent resident 203(a) (2) (b) INA" category.

At that time, I was unmarried.

In August 2006, I got married to a green card holder, but never changed my "single" status on my existing parent sponsored green card initiated by my dad. My spouse has not filed a green card application for me till date. I thought I would depend on my dad's application.

This month I received a letter indicating an "affidavit of support amount of 70 dollars" needs to be paid to the national visa center and I have to inform them if I needed any change of status made to the application.

1. Do I need to indicate that I am "married" on my dad's existing green card application for me?If so, do you think there would be any delays?
Someone told me that if I update my status to married, then they will just discontinue my parent's application, since I do not qualify.

Or can I just leave the application alone and not make any changes?if so, would there be any negative consequences?

2. If the above option is going to create problems, does anyone know if there might be a way to change my existing application from "parent sponsored" to "spouse sponsored" rather than starting a fresh new application?Does anyone know if there is any wait involved, if so?
 
Getting married while your father is still a green card holder automatically voids your application. Notify the NVC that you are married, and have them cancel the existing application so it will be less likely to cause confusion with them when you file a new application based on your spouse's sponsorship. Otherwise, if you simply leave it limbo and wait for them to make the connection with your marriage and cancel the old application, they might mistakenly cancel the new one instead. Or they might even approve the old GC because they don't realize you are married, then revoke it later and mess up your job and travel situation.

How far is your spouse from citizenship eligibility? Is your work permit tied to your father's sponsorship, or is it an independent visa like H1B?
 
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Thanks

Thanks for your reply. My spouse is 3 yrs away from getting citizenship. Do you know if there is a way to switch the current application from parent sponsored to spouse sponsored so that only 1 app exists?
 
joseph8008 said:
My spouse is 3 yrs away from getting citizenship.
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Why 3 years? She already had a GC in 2006, which was 3 years ago, which would leave just 2 years to complete the 5-year requirement. Did she do something to delay her eligibility, like travel extensively or get in trouble with the law?
Do you know if there is a way to switch the current application from parent sponsored to spouse sponsored so that only 1 app exists?
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You cannot switch like that. A fresh new one has to be filed by your spouse.
 
Thanks

My spouse was on a GC extension and continuous stay begins only in 2008. Do you perhaps know of a way to change my existing application to a new category?
 
She was spending extensive time outside the US before 2008? What do you mean by "GC extension" ... are you referring to the reentry permit?
Do you perhaps know of a way to change my existing application to a new category?
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Your marriage already nullified the existing application (although it's probably not yet nullified in USCIS books because they are unaware of your marriage). You cannot change it to anything. An entirely new application is necessary.
 
I am guessing you are referring to the 4 years and 1 day naturalisation clause. If that is the case, she will be eligible for citizenship 2012 only. You need to forget about your father's sponsorship. Consider it a Dodo. Your wife needs to sponsor you with a fresh application. I assume you are outside the US?

joseph8008 said:
My spouse was on a GC extension and continuous stay begins only in 2008. Do you perhaps know of a way to change my existing application to a new category?
Click to expand...
 
Thanks

Thanks folks. The process doesnt make sense though. If was unmarried when I filed the application and my spouse is a green card holder, why would my processing discontinue?
Do you know what would happen if I showed up for an interview and didnt make an official change in the processing application on marital status?Normally, one would change the marital status to take along their spouse. In my case, that is not necessary.

Thanks for your advise.
 
joseph8008 said:
Thanks folks. The process doesnt make sense though. If was unmarried when I filed the application and my spouse is a green card holder, why would my processing discontinue?
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Permanent residents are only allowed to sponsor unmarried children. Once you get married, their presumption is that the family unity between parent and child takes a back seat to the marital union, and thus there is less of a reason to allow the married son or daughter to immigrate to reunite with their permanent resident parent. Whether you agree or not, that's the way it works. They expect you to either seek sponsorship from your spouse, or stay in your home country with your spouse.

Now please clarify your spouse's continuous residence and eligibility for citizenship. We might know something that would enable to get citizenship sooner than you think. When was her first day in the US as a permanent resident? When was her last trip outside the US of 6 months or more?
Do you know what would happen if I showed up for an interview and didnt make an official change in the processing application on marital status?
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That would be fraud, and your green card will be revoked once they discover the marriage. Or it would be denied in the first place if they discovered the marriage already. If you plan to hide the marriage, you also would jeopardize your spouse's citizenship, because they ask for marital status (including the date of the marriage) on the citizenship application. If she continues the lie and is caught, her own green card can be revoked in addition to yours.
 
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Thanks folks. Wutz an OP?Thread 291201 on this site tied to joseph8008 has the story on my spouse's GC extension. I cannot seem to post a URL link. let's try this
forums.immigration.com/showthread.php?t=291201
 
OP = original poster. The person who started the thread.

You can't post a URL yet because you are too new in terms of number of posts. The restriction is there to discourage spammers who want to create an ID and immediately post links to their products and scams.

Now how come your other thread says you had a green card since 1987, and in this thread you are on a work permit in the US and trying to get a green card? Is that other thread really about your spouse's situation?
 
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