getting married while GC is pending- 28 years old

N

nehaj

New Member
Hey!

So im in a rather weird situation. My father's sister who is a US citizen filed for our family's GC in 2001 ( when i was 16)...and we got word sometime in 2010 that I have been shortlisted to receive the GC along with the family. I was 25 at the time. Documents have been requested, submitted..and now we are line to receive our priority date through consular processing.

Meanwhile, I have met someone..and want to get married. He is a student pursuing his PhD in the US. I am quite confused on how to handle this situation. Honestly, my biggest prioroty is to be with my husband-to-be..GC or not. We have been dating for 2 years, and have been miserably apart. :(

Looking for advice!!
 
Marriage would disqualify you from getting a green card as a derivative beneficiary of your father.

However, you're probably disqualified already because you're well over 21. You're 28 now, so you would need a CSPA adjustment of over 7 years in order to have a CSPA-adjusted age of under 21. That means the I-130 which your aunt filed must have taken over 7 years to be approved, which is very unlikely (although not impossible). Find out the I-130 approval date and determine how long it was after the 2001 priority date.

If you can't immigrate along with your father, you may be able to move the US by getting married and then applying for an appropriate dependent visa, if your future husband is studying with a nonimmigrant visa. If he has an F-1 visa, you can get an F-2 visa.
 
Last edited by a moderator:
Jackolantern said:
However, you're probably disqualified already because you're well over 21. You're 28 now, so you would need a CSPA adjustment of over 7 years in order to have a CSPA-adjusted age of under 21. That means the I-130 which your aunt filed must have taken over 7 years to be approved, which is very unlikely (although not impossible). Find out the I-130 approval date and determine how long it was after the 2001 priority date.
Click to expand...

For FB4, a 7 year adjustment wouldn't be unheard of. Those I-130s sit for ages because there's no danger of the PD becoming current anytime soon.

That said, they're now in the 3-4 year range.
 
thanks a lot for the response.

does this mean i can travel to the us? i have a 10 yr tourist visa
 
You can visit the US for a few months with your tourist visa, but that doesn't mean you're eligible to immigrate.

As mentioned above, you need to find out how much time passed from the I-130 filing date in 2001 until the I-130 was approved. Then subtract that time from your actual age. The result has to be under 21 for you to still be eligible. And of course, you must still be unmarried.

If you're not eligible to immigrate along with your father, you can make plans to get married and then apply for an appropriate visa at a consulate in your country to be able to stay in the US with your husband.
 
You must log in or register to reply here.
Top