I130 Visa and changed marital status

A

Anu2080

New Member
Hi,

My mother who is a permanent resident of the USA, had filed an I130 while i was 21 years old and unmarried. The petition was filed in April 2001.

Since then there has been a change in my marital status with me being married for close to 2 years now. I am located in India along with my spouse.

We are aware that we run a risk of the petition turning void under such circumstances. However we know of a particular case (specific details not known though) wherein the beneficiary and her spouse have been able to immigrate on maturity of the girl's I130 petition without any hindrance; although the girl got married after the petition was filed.

Can you please let me know if i stand the possibility of a similar success as far as my individual I130 petition is concerned.

Correspondence regarding the petition have begun now and i am expecting an approval soon.

What are my chances of getting the immigration.


Thanks!
 
what exact date is your PD?

married sons of permanent residents and citizens are placed at a lower priority than unmarried children. when you file your I-485 you have to state your marrital status, it is possible that they may lower your preference upon disclosure. but I don't know. hopefully someone will offer you a better answer than the one I can produce.
 
When you got married in 2004, your mom was still a permanent resident.

Since PR cannot sponsor married children, your mom's I-130 was voided once you got married. She will first need to apply for the citizenship and when she becomes a USC, she'll need to file a new I-130 for you under F3 category (citizens' married children).

Hope this helps.
 
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