Unmarried son of USC, AOS Interview, Marriage

[QDude]

I recently submitted my AOS application after my priority date became current.

1. Does my dad, who is also the sponsor on the affidavit of support, have to be present at the adjustment interview? We live in different states.

2. If I marry after I get a receipt date, will it affect my eligibility to adjust under this category? My girlfriend is on an employment sponsored track for her greencard. My intuition tells me that if I am unmarried at the time I am eligible for the benefit, my subsequent marital status should not affect my eligibility. I know enough not to rely on my intuition

Thanks for your help. This is the most helpful site I've ever run across.

 

[pondicherry]

1. The sponsor (spouse) has to be present for the interview if it were marriage-based GC application. Ususally not for family based (per my attorney).

 

[LucyMO]

of course, your marital status affects your category. Read up on the law, don't listen to intuition.

 

[QDude]

Thankyou poindicherry.

LucyMO: are u saying that I have to stay unmarried until I get the greencard? I am presently unmarried, and therefore eligible for the benefit. My questions is: do I have to stay unmarried during the Adjustment of Status period? I have tried to do research on this particular question and have not found information on point.

Which is why I posted the question here, to see if anybody had been through something similar.

 

[LucyMO]

you are eligible to apply for a benefit in a certain category because you belong to a certain category. What makes you think that you are eligible to receive a benefit in a certain category even if you are no longer in that same category? Only because you applied for it when you were in the right category?

Then anybody could apply for a GC based on marriage while they were married, then divorce the next day, and three years later still get a GC based on marriage, even though they are not married anymore and haven't been for three years.

There is a reason why there are two categories of adult sons and daughters: married and unmarried. Unfortunately, there is a different waiting period for the two categories, probably because there is a different quota and the fact that in the "married" case visas also have to be issued to the spouses of the "children".

do research www.travel.state.gov, www.uscis.gov and talk to a lawyer, if you don't find the information you are looking for. Your I-130/I-485 have to include the latest data on it at the moment of adjuducation. If you don't have a wife indicated on it while you are actually married - you are lying in order to obtain an immigrant benefit, you may want to research that as well.

 

[QDude]

My thinking was that based that on the date of receipt, my status was that of an unmarried son. If as you say on the date of adjudication my status has to be that of unmarried, then obviously I will have a problem on that date if I get married between the receipt date and the adjudication date. Funny how the location of the USCIS district you live in can determine the path your life will take.

Your logic is sound. If its the date of adjudication that is the determining factor, then I cant get married between now and the date of adjudication.


What a perfect excuse to postpone the wedding!