I-130 for Unmarried son who is Married now!

T

topaz318

Registered Users (C)
Hello,

I am a permanent resident of the USA. I filed I-130, petition for alien relative in 1997 for my then unmarried son > 21.

Yesterday I got a letter in the mail asking for payment for processing of the I-864. However, my son got married last year.

My questions are:
1. Is my application still valid?
2. Can I change the status of the application?
3. What are my options? Should I get a lawyer?

Please advice. This has finally come through after almost 10 years.

Thank you!
 
With your Son been now married, his immigrant visa application is now void, therefore he will not receive a visa. You must remember that pernament residents cannot petition for a married son, only U.S. citizens can. Consult the NVC about your son status.






topaz318 said:
Hello,

I am a permanent resident of the USA. I filed I-130, petition for alien relative in 1997 for my then unmarried son > 21.

Yesterday I got a letter in the mail asking for payment for processing of the I-864. However, my son got married last year.

My questions are:
1. Is my application still valid?
2. Can I change the status of the application?
3. What are my options? Should I get a lawyer?

Please advice. This has finally come through after almost 10 years.

Thank you!
Click to expand...
 
it's been 10 years already, you are more than eligible to apply for citizenship.
 
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The problem is I have been traveling a lot abroad so am not eligible for citizenship yet. Please advice if I can still apply for my married son?

Thanks.
 
topaz318 said:
The problem is I have been traveling a lot abroad so am not eligible for citizenship yet. Please advice if I can still apply for my married son?

Thanks.
Click to expand...
NO, GREEN CARD HOLDERS CANNOT APPLY FOR THEIR MARRIED CHILDREN.

And, btw, there is no payment for processing I-864.
 
Not to rub salt into your wounds, but had you naturalised before your son got married, he (and his spouse/kids) would have been able to get permanent residency and still use the same old priority date of 1997.

topaz318 said:
The problem is I have been traveling a lot abroad so am not eligible for citizenship yet. Please advice if I can still apply for my married son?

Thanks.
Click to expand...
 
pianoplayer said:
I assume he is dealing with an overseas consulate.
Click to expand...
O... So, there is a fee for consular processing of I-864. :confused:
 
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Triple Citizen said:
Not to rub salt into your wounds, but had you naturalised before your son got married, he (and his spouse/kids) would have been able to get permanent residency and still use the same old priority date of 1997.
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Thanks Triple citizen. So does that mean I cannot do anything about this case now?

Also my second son is a US citizen and he has also filed for my son as a sibling. Does he need to inform uscis that his brother is married now? Thanks.
 
no, the brother does not have to, since siblings of US citizens can be married, and as far as I know, they can even bring derivatives along.
 
topaz318 said:
Thanks Triple citizen. So does that mean I cannot do anything about this case now?

Also my second son is a US citizen and he has also filed for my son as a sibling. Does he need to inform uscis that his brother is married now? Thanks.
Click to expand...

Hi:

There is no need to notify about the USC brother's petition. Your son's marital status is irrelevant with regards to that petition.
 
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