Unmarried Son over 21 gets married during Visa waiting period

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machelon

Registered Users (C)
My mother (US perm. resident) applied for a GC for my brother last year. At that time he was single but over 21 years old.
So he was going to wait about 10 yrs according to the priority dates before the GC.
Now he is thinking of getting married (not to a US citizen). Will that ruin his chances of getting the GC.
When does the civil status of a persons count???

1) when the petitioner sends the forms to USCIS
2) When the USCIS sends the info to the Nat visa Center
3) When the person being sposored interviews for the GC at the embassy
4) when the person travels to the US with the GC???

With the published waiting periods of priority dates, I CAN'T THINK of many situations when the 2nd (B), preferences would work?.

Everybody gets married not too long after their 21st b-day.
But with the dates you can't get marrried before your 32 b-day if you want your permanent residence parent to sponsor you.

Am I correct?
 
Yes, I'am afraid your mom's petition will be voided if your brother gets married. He should at least wait until your mom becomes a citizen. Then she can upgrade her petition, and your brother can get married.
What about the girl? Any chances for her to become a citizen?
 
machelon said:
Everybody gets married not too long after their 21st b-day.
Click to expand...

Actually, average age for marriage in the US is 28 for men so it's not the case that everyone gets married shortly after 21st b-day.

Your bro will have to decide what is more important, there's no loophole here.
 
eddie_d said:
Actually, average age for marriage in the US is 28 for men so it's not the case that everyone gets married shortly after 21st b-day.

Your bro will have to decide what is more important, there's no loophole here.
Click to expand...


Well 28 is still less than 21 + 10 years... isn't it?

And since he is supposed to be waiting for a visa number most probably outside the US, US averages would not exactly apply to him.
 
machelon said:
My mother (US perm. resident) applied for a GC for my brother last year. At that time he was single but over 21 years old.
So he was going to wait about 10 yrs according to the priority dates before the GC.
Now he is thinking of getting married (not to a US citizen). Will that ruin his chances of getting the GC.
When does the civil status of a persons count???
Click to expand...

If your bro gets married, your mom's I-130 for your bro would be voided 'coz permanent resident can't sponsor GC for their MARRIED children.
 
What if my brother gets married...but a couple of year later my mother will become a US citizen. Can my brother's visa petition "revive" and become of 3rd preference.

How does the NVC keep track of all marital status changes?
 
Last edited by a moderator:
I don't think so. If you marry, you're going to void the petition. You can't revive something that's dead I don't think. You'd have to start all over. That's like saying: If I leave the country during my i-130 proceeding, when I'm not supposed to do that, when I come back, can I start off from where I left off. I don't think it works that way. In my opinion, he should wait till you guy's mom becomes a Citizen. His wait time would be greatly reduced. I'm guessing that y'all are Phillipen from the estimated wait time you gave.

To make sure, you should call a lawyer and run this question by him/her quickly and see if they answer without charging you. Some do.
 
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