Parents applying for Green Card for Married Children Above 21

S

saehee

New Member
Our Situation:

I came to U.S. in Aug 1998 on F-1(Student) Visa. My Parents came to U.S. on green card (applied by my dad's sister) in Jan 2001. We (brother & me) didn't get the green card as we both were above 21. My Dad applied for us (brother & me) in March 2001. My dad will become citizen of U.S. in couple of months. He is done with his finger prints and he got interview for citizenship for March 2nd week. I know for sure that after he becomes citizen we can upgrade the file which was applied in March 2001 as "Resident Alien applying for unmarried children above 21" to "Citizen applying for unmarried children above 21". In that case we can get our green cards in couple of months as the current "Priority Date" for that category is April 2001 i.e. it has passed our application "Priority Date" of March 2001.
I am currently on H-1 (work) visa.

Problem:
We (brother & me) got married couple of years back. My brother got married in March 2004 and I got married in Dec 2004. Now, if we show that we got married, legally our (brother & me) files are closed because resident alien cannot apply for Married children.

Questions:-
1. Can we not show that we got married and upgrade the files from "Resident Alien applying for unmarried children above 21" to "Citizen applying for unmarried children above 21"
This way we get our green cards in couple of months. Our spouses won't get green cards.

2. Can we upgrage the file as (1) and then after a month upgrade it again showing that we got married after we upgraded the file to (1).
This way we (brother & spouse, me & spouse) will get our green cards in couple of years. "Priority Date" for "Citizen applying for Married children above 21" is July 1998.

3. we forget about both the options (1) and (2) and file new petitions for us separately.
This way all 4 of us will get the green cards in 7-9 years.

we would really appreciate it, if someone could suggest us as to what we should do and if its doable or not.

Thanks.
Saehee.
 
Last edited by a moderator:
An update in a case is an update. It would be BETTER for you and your brother to have your GC NOW.. as soon as your Dad has his naturalization certificate make the update about his citizenship in both of your i-130. BUT, make sure USCIS doesn't know that you guys are married. Be smart. Be careful.

In the other hand....Your spouses want the GC too, then it would be 2 updates.. your father's citizenship and your marriage. Is it really worth it to wait 2 more years? that's something you need to discuss. Also.. if you are inside the US, then according with the petition's PRIORITY DATE both (you and your brother) are protected under 245i but not sure about your spouses. I think it would be better to consult a lawyer in this case, an honest and competent lawyer will be able to guide you with this.
 
Under no circumstance is it worth lying. If you are married, do not hide that fact. A lie today can invalidate your green card in the future.
 
irachka said:
An update in a case is an update. It would be BETTER for you and your brother to have your GC NOW.. as soon as your Dad has his naturalization certificate make the update about his citizenship in both of your i-130. BUT, make sure USCIS doesn't know that you guys are married. Be smart. Be careful.

irachka is screwing up your GC. Marriage is a record and you can not hide it. INS come to if at all immediately now may be another stag, that situation your GC may revoked hiding the fact. (Hiding the fact also a felony).

Go to option 2 once your parents become Citizen.


In the other hand....Your spouses want the GC too, then it would be 2 updates.. your father's citizenship and your marriage. Is it really worth it to wait 2 more years? that's something you need to discuss. Also.. if you are inside the US, then according with the petition's PRIORITY DATE both (you and your brother) are protected under 245i but not sure about your spouses. I think it would be better to consult a lawyer in this case, an honest and competent lawyer will be able to guide you with this.
Click to expand...
 
You definitely should talk to not one but two competent immigration lawyer about your issue before you file anything.

Potential downfall:
You may have already lost your priority date under F2B since you are married. You need to ask a lawyer whether you are still eligible to retain your priority date under F1 or F3.

If you cannot retain your F2B priority date, you have to file a new petition and start all over again.

Your issue needs a lawyer. At least it is worth to spend a couple of hundred dollars to let a lawyer explain to how the laws state.

Good luck
 
Thank you all for suggestions.

I don't mean to argue here but i got married in india. I am residing in u.s. for last 7-8 years. do you still think that ins might check about our case in India.

also, how about case 2. we are not lying that we are married, here we are lying that we got married after we upgraded the I-130 petitions.

My brother is in India with his spouse. so for him we have to show that he was married. but we were thinking of showing it after we upgrade the I-130s. that way we can still retain the Priority date of Jan 2001.

Please advice.

thanks.
 
I don't think they will check with India.

I do KNOW that they will ask you. You will then have 2 choices:

1. Tell the truth and have your green card denied since there is no category for married sons and daughters of Permanent Residents.

2. Lie. If detected, you will be major league screwed. If not detected, you will never be able to apply for citizenship or petition for any benefits for any of the associated family members. If the lie is ever detected your green card will be revoked and you will almost certainly be deported.

If I were involved in the case and you insisted on lying, I would withdraw and would be unable to represent you further.
 
is there any other way to get green card without lying in my case?
is there any other category for which i can apply and get it faster then 7-9 years?

Please advice.
 
Remember that to get a benefit you should do it through documents/information that demostrate your ability to be a beneficiary. If you are married and you act and said that you are not, then it can be consider that you are obtaining a benefit through fraudulent information.
Now, remember that doesn't matter what type of process you will go you must file your personal information.
Good luck,
 
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