F1 case consultation

[Kadi 0]

Hi,

I will be pleased if you review and reply the following query:

I had applied my F1 case in June, 2006 and my application approved in Oct 2010 and since then we are waiting for visa priority date which may come very soon. My question is after Approval of my Visa application in Oct, 2010, if I get married now then should I change my stats accordingly even if I am a father of a baby?, will it affect my F1 status? Case once approved in 2010 could be changed if get marry in 2012?

I believe once documentation approved and we are in visa waiting list then no matter what happen, visa stats should unchanged with the same PD.

My question is to change the status or not and if I don’t change the status how will it affect my spouse and baby’s immigration to USA?

Many thanks for reviewing and replying my question.

[aaron2020 11,651]

You no longer qualify for a visa in the f1 family preference category once you got marry. Your case should be pursued as an f3 now that you are marry.

Since you have not updated your case with the US government, the US will process your case as an f1 erroneously. You will not get a visa in the f1 category since you no longer qualify as an married child.

You need to inform the US government that you are now married so your case can be properly processed in the f3 category. It will add 3-4 years to your wait. The good news is that your wife and child will both be able to immigrate with you.

Edited February 3, 2013 by aaron2020

[Penguin_ie 5,996]

**** Moving from DCF to Bringing Famnily.... forum ***

Above answer is correct. Your category changes when you get married.

And btw, while we have some lawyers on here, everybody posting here does so as a general member, not to give legal advice.

Edited February 3, 2013 by Penguin_ie