Form I-130

[ssrr 0]

Hi All,

does anybody know what happens when a permanent resident uses a form I-130 to sponser their unmarried son but by the time the NVS contacts them, the son has gotten married.

I read instructions from the form and it says the petition is revoked? has anyone experienced that?

[diadromous mermaid 36]

No longer eligible.

Hi All,

does anybody know what happens when a permanent resident uses a form I-130 to sponser their unmarried son but by the time the NVS contacts them, the son has gotten married.

I read instructions from the form and it says the petition is revoked? has anyone experienced that?

[English Muffin 59]

Moving to Bringing Family Members of Permanent Residents forum.

[aaron2020 11,651]

Hi All,

does anybody know what happens when a permanent resident uses a form I-130 to sponser their unmarried son but by the time the NVS contacts them, the son has gotten married.

I read instructions from the form and it says the petition is revoked? has anyone experienced that?

An LPR cannot petition for a married child. So once the child gets married, the petition is automatically revoked. If this is the case, don't waste money paying additional fees with the hope that the child can still somehow get a visa. Fees are not refundable. The NVC only knows what the petitioner and beneficiary tell them.

However, if the child marries after the petitioner becomes a US citizen, then the petition is still good. The petition would need to be updated as an US citizen can petition for a married child.

Edited June 19, 2009 by aaron2020

[EQgirl 0]

Hi All,

does anybody know what happens when a permanent resident uses a form I-130 to sponser their unmarried son but by the time the NVS contacts them, the son has gotten married.

I read instructions from the form and it says the petition is revoked? has anyone experienced that?

Once the son got married, that petition from his LPR mother is no longer valid.

[kcoyclay1 98]

Hi All,

does anybody know what happens when a permanent resident uses a form I-130 to sponser their unmarried son but by the time the NVS contacts them, the son has gotten married.

I read instructions from the form and it says the petition is revoked? has anyone experienced that?

yes it is revoked. You cannot file for a married son or daughter when you are a LPR. When he got married he messed up the filing process. You will have to refile when you become a citizen and he has to wait in line all over again for a visa number. Below is an excerpt from uscis website.

A lawful permanent resident may petition for:

•A child (unmarried and under 21 years of age)

•An unmarried son or daughter ( 21 years of age and older)

A lawful permanent resident may not petition for a married son or daughter.

If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin.

For more information visit:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Jamaican JNR 2]

Hi All,

does anybody know what happens when a permanent resident uses a form I-130 to sponser their unmarried son but by the time the NVS contacts them, the son has gotten married.

I read instructions from the form and it says the petition is revoked? has anyone experienced that?

Permanent residents can only sponsor, spouce or children (unmarried). Sorry.

[NickD 203]

Went through the I-130 instructions yesterday opened in Adobe Arcobat, carefully read all of the instructions and just copied and pasted the sections that pertained to my step son to word. That shortened the instructions from six down to less than a half a page. Oh, I also mentally cracked up reading the instructions, contradictions and variable laws do that to me.

First is how the USCIS defines a minor, in some forms the age is under 18, on the I-130, a minor is under 21, can't the SOB's make up their minds and be consistent?

Then the filing status of the petitioner, if my step son was unmarried and under 21, could as the sponsoring natural born USC, could sponsor him, but since a tad over 21, cannot not, only his mother can petition for him with far different rules if she is a LPR or a USC. USCIS makes you proof to the nth degree that you are a family, but this form tears that proof apart, you are individuals once again.

Then both the filing status of the petitioner and the age of the child, still a child and an immediate family member determines the immigration status, can either fall under the unlimited class or the very limited class, but I see in the limited class the processing dates have dropped to four years instead of nine. If you can believe the processing dates. With over five years of dealing with the USCIS, I don't believe in their processing dates.

In any event, you don't have to take anyone's word on your situation, it is in black and white in the I-130 instructions. Somebody went through a lot of work to combine every situation into one set of instructions, you have to reverse engineer that to isolate just your situation that is also lots of work.