Son approved through I-130 just got married - what to do with his wife?

[bushev]

Hello.
I am US citizen. My son approved through I-130, i signed all papers and he is supposed to be called for interview at the consulate. He got married a couple months ago. What is going to happen to his wife? I am affraid they will not just "add" her to his case but rather requalify them from "unmarried son of USC" to "married son of USC" and this will cause a delay of several years. Is it better to claim that she is not going with him during the interview and try to get him a visa first, and then file for her as a "spouse of permanent resident"?
Any ideas are greatly appreciated.

 

[familybased]

answer

At this stag, please do not make any false claim to complicate your son's immigration process. You are USC and your son is married thus he is under F3 category instead of F1.

You need to use his priority date against F3 cut-off date. If his priority date is earlier than F3 cut-off date then his spouse will be able to get GC with him. His wife can file Follow-To-Joint. Of course, if F3 is not current, they both need to wait the cut-off date to be current. NEVER, EVER claim that he is still single to benefit F1 category cut-off date. Penalty is severe if USCIS official determine that your son trys to gain immigration benefit with false claim. It could be a life time ban and end of his chance to move to the U.S. for good. His GC would be taken away or denied if USCIS finds out that he is married. Actually, it is ease to find out because they request certified marriage certificate that indicates the date when they got married.

You son cannot use F1 cut-off date anymore unless he divores his wife and re-claim to be single again. I do not think it is worth to break a family just for immigration purpose. Furthmore, his wife has to wait at least 4-5 years as GC spouse if your son petitions her as GC spouse.

Good luck

 

[bushev]

follow up

I agree with your estimate of situation. The only thing is that he is not planning to mislead. He is going to tell on interview that yes,he is married, but his wife is not going anywhere anytime soon. Moreover he is planning to go back and forth, possibly several times a year.

 

[familybased]

I made these suggestions to help you avoid any potential problems and consequencies.

right now, your son has only two options:
If he would like to move to the U.S. as quick as possible, he needs to start his divorce process right way. his devoice must be official before USCIS interviews him and grants his immigration visa. If he wants to stay married and claim F1 category cut-off date, I am sure that U.S. consulate will deny his visa based on early filing. You would waste your time and money. Technically, At the very moment he got married, he is NOT on under F1 category anymore even though you have not notify the U.S. consulate. pleae bear in mind, it is your responsibility to inform the U.S. consulate upgrade or downgrade his case based upon his marital status. You son would receive GC in 2-3 months if he goes this route, then re-marry her to file GC petition as GC petition.

Or

He and his spouse wait F3 current.


Sorry, there is no third way around.