How should we proceed? Questions about Marrying GC holders

S

sillyjilly1983

New Member
So here's the rundown. I'm undocumented and have been in the US since I came here from the Philippines in 1985. I have an approved I-130 (Filed by my Mom via 245(i) in 1998). I'm over 21 so I fall under F2B. My PD is Jan 1998. I'm with a GC holder right now and we plan on getting married. My question is: is there ANY benefit whatsoever to marry him now? He'll be eligble to apply for USC next September. My bf's parents are, for some reason, convinced that I could obtain some type of work authorization while I wait for a visa number but I know they're wrong. Are they? Is there any reason to get married now? And if I do, won't that void my mom's petition? Thanks, guys!
 
1. If you marry now, your moms petition will be void. Its simple, you will not be under the single son category.

2. If you marry your GC holder partner, he/she can file a petition, HOWEVER, you will not receive a GC till the visa is approved (5 to 6 years wait). In the meantime THERE ARE NONE IMMIGRATION BENEFITS, like work permit or nothing.

3. If you entered the country illegaly (without visa or inspection) you can not adjust your status in any way.

Good luck,
 
ccordova624 said:
If you marry your GC holder partner, he/she can file a petition, HOWEVER, you will not receive a GC till the visa is approved (5 to 6 years wait). In the meantime THERE ARE NONE IMMIGRATION BENEFITS, like work permit or nothing.
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See, this is one of those situations which might make an interesting test case for PD portability, since the approved I-130 could allow a 1998 priority date, which would make an immediate FB2A filing possible.

The question is whether the risk of waiting an extra 5-6 years for the GC (versus waiting another year or so for the FB2A filing from Mom to become current, and marrying immediately after getting the GC) is worth it.

It might be worth at least a consultation or two.
 
Thanks for all the responses, guys! Priority date portability? You mean I would be able to retain my original priority date although I would convert to an F2A? Won't that only work if the original petition remains valid? Perhaps a consultation is in order...
 
sillyjilly1983 said:
Priority date portability? You mean I would be able to retain my original priority date although I would convert to an F2A?
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Yes, that's what I'm thinking might be possible.

Won't that only work if the original petition remains valid? Perhaps a consultation is in order...
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My reading of the law indicates that it merely requires that the original I-130 be approved and not revoked by USCIS for fraud or misrepresentation. With that said, I am not an attorney and your FB2A priority date is pretty close to being approved. I would not want you to lose that PD if it turns out that I was wrong.

So yes, see an attorney. Better yet, see three.
 
From what I've heard retaining priority dates can be tricky. Well how about this? Because the wait for filipino children of US citizens is considerably longer than that of LPRs, every lawyer we've consulted with has told my mom NOT to apply for USC. But what if my Mom applies to ensure that my petition remains valid regardless of whether I get married or not? Once she naturalizes, couldn't my bf marry me and file another petition (this time an F2A) on my behalf and request that I keep my original PD? That way I won't have to wait to adjust my status, right?
 
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