question regarding marriage

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radhakrishn

Registered Users (C)
Dear all
I was wondering if i could have opinion of the gurus regarding my situation.
I'm an unmarried indian citizen doing job on H1-B Visa. My father petioned for me. He is a US Citizen.My preference category is F1. My priority date is Sept 7, 1999. I applied for Adjustment of status and was interviewed in Feb 2007. The interview went well but green card was not given because of pending name check.
I recently got engaged. My fiance is a US Citizen.In August visa bulletin the priority date for category F3 is October 1, 1999.
I was wondering if me getting married now will be an issue at all. Can I get married and have USCIS downgrade my category to F3 and just continue to wait for FBI name check. Or do I have to apply all over again.
Please advise.
 
I am not an expert on this, but...

You getting married to an US Citizen, makes your priority date current for an adjustment of status petition (that is if you wanted to file for AOS through marriage with an USC).

If you were already interviewed for your Green Card and are waiting for the name check to clear. Then there is nothing you have to worry about, you will just have to wait for the name check to clear one day... in the meantime you can get married and not worry about anything.

You do not need to file again, because even if you do... your name already having a "hit" in the FBI database would probably be stuck in namecheck again.

You may want to look in to the namecheck thread here: http://www.immigrationportal.com/showthread.php?t=217882

Also, do not worry about downgrading your category or anything, just enjoy your marriage and wait for your namecheck to clear one day (or do something about it, check namecheck thread above).

Congratulations on your engagement! :D
 
thanks for the reply. I will probably continue with the current AOS application based on my dad's petition. So, I guess when one has already been interviewed by the immigration officer,marital status won't make any difference. I was unmarried at the time of interview and the priority date was current.
 
even though you'd be moving from category F1 to F3 once you marry, your PD would still be current - 01OCT99. So, no changes will happen to your AOS based on your father's petition. No need to refile anything, but you may want to update your USCIS record. Or not.
 
thanks lucymo. will there be any affect on green card processing if family based priority dates retrogress. this is in case for somebody like me who has been already interviwed for AOS.
 
radhakrishn said:
will there be any affect on green card processing if family based priority dates retrogress.
Click to expand...

Of course. If the FB3 date for your country of birth is no longer current, you cannot be approved.

The fact that you are married to a US citizen is irrelevant, unless your spouse files an I-130 for you.
 
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