Please Help
- Thread starter sjmo
- Start date
TheRealCanadian
Volunteer Moderator
He needs to wait until the priority date becomes current, which will be another few years. He should remain unmarried until this happens, or you become a citizen.
austriacus
Registered Users (C)
Your son is currently F2B category, and right now visa numbers are only available for priority dates before Oct 15, 1998 (Visa bulletin) unless he's from Mexico or the Philippines, then the wait is longer.
If you become a citizen, and he stays unmarried, his petition can be upgraded to F1 category, currently January 8, 2002 PD and before can apply (again except for Mexico and Philippines, for Philippines he'd be better off staying in F2B).
Should he get married, and you become a citizen, he'd fall into F3 (currently April 8, 2000 PD can apply, except Mexico and Philippines). If you stay a permanent resident, and he gets married, he's no longer eligible for permanent residency based on your family relationship.
As you can see, either way there's a multi-year wait before he can apply. If he wants to come here earlier, one thing he can look at is a H-1B visa (if he has at least a 4-year college degree or equivalent), it's one of the few visas which allow dual intent.
If you become a citizen, and he stays unmarried, his petition can be upgraded to F1 category, currently January 8, 2002 PD and before can apply (again except for Mexico and Philippines, for Philippines he'd be better off staying in F2B).
Should he get married, and you become a citizen, he'd fall into F3 (currently April 8, 2000 PD can apply, except Mexico and Philippines). If you stay a permanent resident, and he gets married, he's no longer eligible for permanent residency based on your family relationship.
As you can see, either way there's a multi-year wait before he can apply. If he wants to come here earlier, one thing he can look at is a H-1B visa (if he has at least a 4-year college degree or equivalent), it's one of the few visas which allow dual intent.
there is nothing to pursue at the moment. His visa number will be available in about 8-9 years from now, unless he is from Phillipines or Mexico, in which case it will be even longer. When it becomes current, National Visa Center will contact you and him.
If he gets married before you become a citizen, the petition will be void and you'll have to start all over again when you become a citizen.
P.S. Answered at the same time with austriacus.
If he gets married before you become a citizen, the petition will be void and you'll have to start all over again when you become a citizen.
P.S. Answered at the same time with austriacus.
austriacus
Registered Users (C)
LucyMo I hope I got it right this time ... keep me honest!
Thanks a lot for your quick and this information
My last question
He will marry from his cousin
She is citizen
Is this would affect on my petition?
Can she submit a petition on his behalf?( Despite the existence of my petition )
are the two petitions have the same result? Or whichever is the fastest?
I apologize strongly for the inconvenience
But thank you very very much
My last question
He will marry from his cousin
She is citizen
Is this would affect on my petition?
Can she submit a petition on his behalf?( Despite the existence of my petition )
are the two petitions have the same result? Or whichever is the fastest?
I apologize strongly for the inconvenience
But thank you very very much
austriacus
Registered Users (C)
He'll marry his cousin?
Yes, in fact if he marries or gets engaged to an American citizen, he can come here in about a half year in K-1/K-3 status and then adjust his status, or he can go through consular processing. Of course, it needs to be a good faith marriage, not a marriage of convenience solely to obtain an immigration benefit, and they will have to provide evidence of their good faith marriage. Is his cousin in the US or with him in his country?
As LucyMo said, your petition will become void when he gets married, but the petition filed based on marriage to a US citizen will be much faster anyway.
I wonder if USCIS would care or be suspicious of a marriage between such close family members? Is this typical in your country, or did they fall in love or something?
BTW no apology necessary, answering tough questions is what we're here for.
Yes, in fact if he marries or gets engaged to an American citizen, he can come here in about a half year in K-1/K-3 status and then adjust his status, or he can go through consular processing. Of course, it needs to be a good faith marriage, not a marriage of convenience solely to obtain an immigration benefit, and they will have to provide evidence of their good faith marriage. Is his cousin in the US or with him in his country?
As LucyMo said, your petition will become void when he gets married, but the petition filed based on marriage to a US citizen will be much faster anyway.
I wonder if USCIS would care or be suspicious of a marriage between such close family members? Is this typical in your country, or did they fall in love or something?
BTW no apology necessary, answering tough questions is what we're here for.
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PraetorianXI
Banned
I would think USCIS will suspect of a marriage by convenience between cousins... that is odd enough already.
austriacus
Registered Users (C)
Well, sjmo, I would say if they can document his cousins (frequent?) visits, and can prove and explain when and why they decided to enter into a good faith marriage, it should be ok. Their burden of proof might be higher because of their close family relationship, and they will have an interview with an immigration officer that could ask many questions about their marriage intent. (We were questioned for a long time because we don't live in the same city, for instance.) At least they know each other's families well and can identify them in pictures because it's the same family. 
Since they are already engaged, perhaps the next step would be for his cousin to file the I-130 for him and perhaps have him come to the US on a K-1 (fiancee) visa. It would help if they have pictures of them together of her visits to him in his country, and if friends in his country and her friends in the US can provide affidavits of their bona fide marriage intent.
Since they are already engaged, perhaps the next step would be for his cousin to file the I-130 for him and perhaps have him come to the US on a K-1 (fiancee) visa. It would help if they have pictures of them together of her visits to him in his country, and if friends in his country and her friends in the US can provide affidavits of their bona fide marriage intent.
Austriacus , Thanks a lot for this great information
I want to know
Will providing the proof of her presence in the same country in that period
And the degree of relationship are enough ,instead of providing pictures
because Unfortunately, their pictures are available when they were children
I want to know
Will providing the proof of her presence in the same country in that period
And the degree of relationship are enough ,instead of providing pictures
because Unfortunately, their pictures are available when they were children
austriacus
Registered Users (C)
sjmo,
even for an application based on a US citizen spouse, the burden of proof is on the couple to prove to the USCIS that they have a good faith marriage. If they can't provide sufficient evidence, he will not be approved. "What's sufficient" is determined by the immigration officer so we can't give you a 100% answer.
But, much of the evidence such as pictures, affidavists, etc. are a guidance, not specifically required. They can substitute other evidence if they have it. Phone call records, emails, letters to each other, etc. would all make for great evidence. For example, we hard printed out our online chat conversation when we first decided to meet each other, and took it with us for evidence to the interview. We also took printouts of our credit card statements showing that we made purchases in each other's cities frequently. Perhaps any ticket stubs of places they went together if they show their names. So "no pictures" doesn't mean it's a problem but they need to substitute it with other evidence.
With the I-130, his cousin doesn't have to file much evidence yet, because they may be engaged or have just gotten married so not much time to accumulate evidence of a bona fide marriage yet. At the interview, they will have to show more evidence. And 2 years later they have to show even more evidence.
even for an application based on a US citizen spouse, the burden of proof is on the couple to prove to the USCIS that they have a good faith marriage. If they can't provide sufficient evidence, he will not be approved. "What's sufficient" is determined by the immigration officer so we can't give you a 100% answer.
But, much of the evidence such as pictures, affidavists, etc. are a guidance, not specifically required. They can substitute other evidence if they have it. Phone call records, emails, letters to each other, etc. would all make for great evidence. For example, we hard printed out our online chat conversation when we first decided to meet each other, and took it with us for evidence to the interview. We also took printouts of our credit card statements showing that we made purchases in each other's cities frequently. Perhaps any ticket stubs of places they went together if they show their names. So "no pictures" doesn't mean it's a problem but they need to substitute it with other evidence.
With the I-130, his cousin doesn't have to file much evidence yet, because they may be engaged or have just gotten married so not much time to accumulate evidence of a bona fide marriage yet. At the interview, they will have to show more evidence. And 2 years later they have to show even more evidence.
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Triple Citizen
Registered Users (C)
In some cultures it is fairly common and both State Department and USCIS are aware of it.
Triple Citizen
Registered Users (C)
That is true. If their local state has such a regulation, they can marry in a different state and that marriage will then be recognised by their local state.
PraetorianXI
Banned
Marriage License Laws
Note: All states allow the marriage of second cousins.
A
# Alabama: First cousins, yes.
# Alaska: First cousins, yes.
# Arizona: First cousins, yes, only if they are over a certain age or cannot bear children. Half cousins, yes.
# Arkansas: No
C
# California: First cousins, yes.
# Colorado: First cousins, yes.
# Connecticut: First cousins, yes.
D
# Delaware: No
# District of Columbia: First cousins, yes.
F
# Florida: First cousins, yes.
G
# Georgia: First cousins, yes.
H
# Hawaii: First cousins, yes.
I
# Idaho: No
# Illinois: First cousins, yes, only if they are over a certain age or cannot bear children.
# Indiana: First cousins once removed, yes, only if they are over a certain age or cannot bear children.
# Iowa: No
J
K
# Kansas: Half cousins, yes.
# Kentucky: No
L
# Louisiana: Adopted cousins, yes.
M
# Maine: First cousins, yes, only if they are over a certain age or cannot bear children, or if they get genetic counseling.
# Maryland: First cousins, yes.
# Massachusetts: First cousins, yes.
# Michigan: No
# Minnesota: No, unless aboriginal culture of the couple permits cousin marriages.
# Mississippi: Adopted cousins, yes.
# Missouri: No
# Montana: Half cousins, yes.
N
# Nebraska: Half cousins, yes.
# Nevada: Half cousins, yes.
# New Hampshire: No
# New Jersey: First cousins, yes.
# New Mexico: First cousins, yes.
# New York: First cousins, yes.
# North Carolina: First cousins, yes. Double first cousins are not allowed to get married.
# North Dakota: No
O
# Ohio: No
# Oklahoma: Half cousins, yes.
# Oregon: Adopted cousins, yes.
P
# Pennsylvania: No
R
# Rhode Island: First cousins, yes.
S
# South Carolina: First cousins, yes.
# South Dakota: No
T
# Tennessee: First cousins, yes.
# Texas: No.
U
# Utah: First cousins, yes, only if they are over a certain age or cannot bear children.
V
# Vermont: First cousins, yes.
# Virginia: First cousins, yes.
W
# Washington: No
# West Virginia: Adopted cousins, yes.
# Wisconsin: First cousins once removed, yes, only if they are over a certain age or cannot bear children.
# Wyoming: No