Petition for son - unmarried

[viralpp 0]

I am U.S. citizen and have filed a petition for my son to immigrate to USA.

Currently son is in india and unmarried. Priority date is August 2006 and currently the F1 category is showing January 2006. At current rate it would be 8 months before his date becomes current.

He is 28 years old and engaged to be married. I would appreciate in put on following scenarios.

case1. He gets married before interview date.

Q1. Will his case be converted to F3 category? Currently Priority date for F3 is July 2002 so in this case his arrival will de delayed by as much as 4 years. Is this correct?

Q2. Is it true (heard from somewhere, but want to verify) that marriage will not affect his F1 category and when his priority date becomes current, he will be able to immigrate to USA with his wife

Case 2. He delays merrage until getting an interview under current F1 category and he gets married

Q1. in this case he files for his wife as permanent resident and wait for category F2a become current. At least currently in this category, spouse of PR who filed in Oct 2010 are scheduled for an interview. Is this the best option?

Any other advise on how he and fiancé can immigrate to USA as soon as practical.

Thanks in advance.

Vbp

[Cathi 5,784]

his wife cannot immigrate with him. A separate petition will have to be filed on her behalf by you son after he arrives and has LPR status, you cannot petition for her.

[apple21 953]

Son remains unmarried until he enters the US with F1 visa. After he receives his green card, he goes back to India to marry his girlfriend. He returns to the US to file i-130 (F2A) for his wife.

Wife stays in India until her priority date becomes current. F2A waiting time will take 2-3 YEARS.

[aaron2020 11,651]

I am U.S. citizen and have filed a petition for my son to immigrate to USA.

Currently son is in india and unmarried. Priority date is August 2006 and currently the F1 category is showing January 2006. At current rate it would be 8 months before his date becomes current.

He is 28 years old and engaged to be married. I would appreciate in put on following scenarios.

case1. He gets married before interview date.

Q1. Will his case be converted to F3 category? Yes, marriage automatically moves him from the F1 category to the F3 category. Currently Priority date for F3 is July 2002 so in this case his arrival will de delayed by as much as 4 years. Is this correct? Yes.

Q2. Is it true (heard from somewhere, but want to verify) that marriage will not affect his F1 category and when his priority date becomes current, he will be able to immigrate to USA with his wife ABSOLUTELY NOT TRUE. Marriage means he no qualifies as an "unmarried son" of a US citizen (F1). He must wait for his Priority Date to become current as a married son of a US citizen (F3). When his PD becomes current in the F3 category, he and his wife can immigrate together.

Case 2. He delays merrage until getting an interview under current F1 category and he gets married

Q1. in this case he files for his wife as permanent resident and wait for category F2a become current. At least currently in this category, spouse of PR who filed in Oct 2010 are scheduled for an interview. Is this the best option?

Any other advise on how he and fiancé can immigrate to USA as soon as practical.

Thanks in advance.

Vbp

To qualify for a visa in the F1 category, your son must be single when he uses the visa to enter the US. If he enters the US as a married man with the visa for an F1 unmarried son, then he would be committing immigration fraud. He must be unmarried to use the visa in the F1 category. A married man cannot use an immigration visa in the F1 category to enter the US.

There are two choices.

1. Get marry now. Wait in the F3 category. Immigrate with his wife in 4 years.

2. Stay single. Get his visa in the F1 category. Immigrate to the US. Return to India to marry. Return to US. File for his wife. Wait 2-3 years for her to get an immigration visa.

Edited January 22, 2013 by aaron2020

[velrich 50]

Case 2. He delays merrage until getting an interview under current F1 category and he gets married

Q1. in this case he files for his wife as permanent resident and wait for category F2a become current. At least currently in this category, spouse of PR who filed in Oct 2010 are scheduled for an interview. Is this the best option?

Any other advise on how he and fiancé can immigrate to USA as soon as practical.

Thanks in advance.

Vbp

Case 2 is your best option. :thumbs:

[aaron2020 11,651]

Case 2 is your best option. :thumbs:

No it's not. Marriage after the interview will make him ineligible to use the visa obtained in the F1 category.

Marriage after immigrating is okay.

Marriage after interview is not.