Chage of status for Beneficiary

[kelin 0]

I am green card holder since July 2001. I applied for unmarried son who was above 21 at that time in August 2001 and filed I 130. My son got married in May 2005 and lives with his wife in USA on H1B visa. I recently received approval notice for my petition filled in August 2001 for my unmarried son who is now married. Will my son be able to use this approved notice just by changing his status to married and get green card along with his wife? Please advice. Let me know what needs to be done if answer is YES.

[canadian_wife 1,829]

Someone will correct me but being sponsored by an LPR and being married now, he does not qualify for the visa that was initially petitioned for him (unmarried son of LPR over 21)

Good luck.

[aaron2020 11,651]

An LPR cannot petition for a married son. Once your son got married, the petition for him automatically will be denied. The only reason that you have not been informed so is that you probably have not informed USCIS that your son is now married. There is nothing you can do to revive it. You will have to wait until you become a USC to petition for him.

[redglasses 1]

The ways for him to get GC would be either you become a USC and petition him or his work sponsors him for GC.

[kelin 0]

The ways for him to get GC would be either you become a USC and petition him or his work sponsors him for GC.

I have applied for my citizenship. I might have a interview with in three months. If i become citizen in three months. Would i be able to change my July 2001 application as USC applying for Married son and still keep July 2001 as priority date?

[tojeq 0]

The ways for him to get GC would be either you become a USC and petition him or his work sponsors him for GC.

I have applied for my citizenship. I might have a interview with in three months. If i become citizen in three months. Would i be able to change my July 2001 application as USC applying for Married son and still keep July 2001 as priority date?

As long as your son doesn't get married officially he is eligible. If he is officially married before you become a US, he loses ur sponsorship as an 'married son or daughter over 21'. After you become a US citizen you can start I-130 again.

[aaron2020 11,651]

The ways for him to get GC would be either you become a USC and petition him or his work sponsors him for GC.

I have applied for my citizenship. I might have a interview with in three months. If i become citizen in three months. Would i be able to change my July 2001 application as USC applying for Married son and still keep July 2001 as priority date?

No. The original petition is dead. There is nothing you can do that will change this. You will have to start over. Your son does not get to retain the original priority date.