Marraige after Applying of Green Card (F2B Category)

N

negaramin

Registered Users (C)
Hello Folks,
I have one question.
I got after 9 years the instructions from NVC to complete the form DS-230 which I paid the fees and filled out the form.
I got now another letter which the remarks about the custody of our child. As I asked them via Phone, the told me I can not take my wife with myself. Itold them, that I informed them about my status changing (Single to married) 7 years ago.

My Question is, how does look the next step? Does anybody has any experience?
Regards
Negaramin
 
negaramin said:
My Question is, how does look the next step? Does anybody has any experience?
Click to expand...

Unless your parents became citizens before you got married, you are no longer eligible for a GC. You may be able to retain your earlier priority date if your parents file under FB3 for you.
 
Upgrade to FB3

Thanks a lot for your reply.
Yes, my Mom became US Citizen 3 years ago.
Does your answer mean, that I don't need to wait for an interview after upgrading to FB3?

Regards
Negaramin
 
What it means is first of all, your Mom must have naturalized prior to your marriage. Secondly, she now needs to "upgrade" (downgrade?) your I-130 to FB3 category so you can benefit from your previous priority date. As it stands, your F2B application is voided because you got married.

Whatever happens, you'll still need an interview before you get the GC.
 
hello boatbod,
thanks for reply. I tried to figure out the table from Visa Bulletin for October 2007 but with ´no success:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

I try to explain my situation and question:
1) My Mom field for me in April 1998 (F2B) and I was unmarried
2) I got married in summer 1998
3) I informed the NVC about my status change (married) in 2001
4) My Mom became US citizen in 2004 and I did not upgraded (unfortunately)
5) I got the letter from NVC for the starting of the processing of my case in July 2007 (based on F2B)
6) I paid the fees and sent them the application forms in September 2007
Now my question:
Which priority does NVC consider for me if they refuse my case and I upgrade my case? Do I loose my waiting time (approx 10 years), how long more shall I wait again, when I upgrade my file today?
Regards
negaramin
 
Sadly as LucyMO said, there is no "upgrade" for your case because you married before your mother naturalized. You will have to start over, and this time you'll fall under the FB3 category. The current visa bulletin shows a wait time of at least 7 years, or considerably longer if you are from Mexico or the Philippines.
 
boatbod said:
Sadly as LucyMO said, there is no "upgrade" for your case because you married before your mother naturalized. You will have to start over, and this time you'll fall under the FB3 category. The current visa bulletin shows a wait time of at least 7 years, or considerably longer if you are from Mexico or the Philippines.
Click to expand...

If the original I-130 was approved and was never revoked, I'd try and argue that the original priority date applies. It's worth a try.
 
I agree with LucyMO. The original I-130 is null and void. I don't think the original PD can be applied to the new FB3 I-130. I may be wrong however.

TheRealCanadian said:
If the original I-130 was approved and was never revoked, I'd try and argue that the original priority date applies. It's worth a try.
Click to expand...
 
You must log in or register to reply here.
Top