Was single, married now... question....

V

varax

New Member
An I-130, petition for alien relative, was made for me, the beneficiary,
when i was single. I am now married and would like to know whether my
priority date will move from the First family preference category to the
Third family preference category ? If so, does this mean that my
application will take longer to process due to the priority date for Third
Family preference being more over subscribed than for First Family
preference ?
 
basically, yes. now it will take longer. unless you divorce your spouse and just live together and then remarry after approval. (don't know if that will work) then again, it might still go, but when you may have to wait after approval of the petition before you send in the i-485. when was the i-130 sent in? and is the petioner a citizen? i take it they are. so you went from jan/2000 back to 8/98. assuming they stay the same, it won't matter if the i-130 was sent in on 7/98. the dates may be there for a year or ina few months they may jump years. we don't know.

you should have come here before the wedding. don't know if the marriage by itself affects the petition right now. but seriously think of divorcing and then remarrying. not sure if that will work.
 
The petitioner is my father who is a US citizen. The original petition was done in May 2001. The petition has been approved and my case is now with the NVC. The petitioner is currently completing the Affidavit of Support forms and the immigration fee bill.
 
you are in some middle groud i tell you. why on earth did you married right now? i guess true love is more important. but i am with you, but i sent in all more forms. no joke. talk to a lawyer. a real lawyer. any chance you can annul the marriage? no joke.

and wait, when was the i-130 approved? see, i was approved in may. was stupid and naive enough as to wait letter for nvc. the july visa bulletin came out and they were sending back the dates to jan 2000. so i rushed everything and got in everything before july. told by some it doesn't matter and by others it does. now i am the august bulletin came out and they pushed back the dates to 97.

talk to a real lawyer and try to annul the marriage if you can. is possible that even if you stay in the 1st category, you will have to wait until the dates go back to march 2001. it could be in four months or in six years. did you by any chance get anything in the mail from nvc? i did before july.

best of luck and to a real expert. good luck and let us know what happens.
 
I totally could not understand why you think divorce would be the best way in big picture. Do you take the fact LPR's spouse case take more than 6 years now ?

let's say he divorced, and stay in 1st pref,. and got GC 3 years faster than 3rd pref. And then he marries and might have to apply for his spouse AS LPR's spouse.. This will be 6 years process no matter whether he stays as LPR or apply for citizen.. total time = his GC procees time + 6 years.
if he married and keep the PD, his AOS might be 3 years slower, however, his spouse is suposed to be adjusted too, and it's way faster than above case as a whole package.
If i'm missing something, please point out.
 
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spouse is US citizen ? Even stronger reason not to divorce.
 
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According to August Visa bulletin family third preference is more advance than family first preference by nearly two yrs so you can stay married and not worry just make sure you send that marriage certificate to NVC as soon as possible.
 
I remember a few years ago when I was looking at getting sponsored by my parents (GCs) I was told by my father's lawyer that if I wanted to do that, it would be faster and less complicated if I stayed single (or didn't marry a non-US citizen or non US PR) until it was all said and done. It ended up being a moot point since I got married to a USC , but that was the advice I got.

Also, what is the logic behind treating a married family member than a single one? I know there are different rules, categories, etc, I'm just wondering what the reasoning behind it is.
 
I think it has to do with quantity? :rolleyes: ...but those dates on the Visa Bulletin are unpredictable since they depend how many numbers were use in a specific category...
 
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