Unmarried to married while my mom who applies for me goes from permanent resident to citizen

[saira31 0]

Hi, my mom applied for me in 2003 when she was permanent resident of US. At that time i was single. Then during the process i got married. Also, after i get married my mom got her citizenship in 2010 so she request the visa center to change my category from single to married so that my entire family can come together.

However, after three years i just recieved a denial. Can anyone let me know what are my options now? Can i appeal?

Your help is appreciated.

Thanks!

[Mohsin.M 7]

Hi, my mom applied for me in 2003 when she was permanent resident of US. At that time i was single. Then during the process i got married. Also, after i get married my mom got her citizenship in 2010 so she request the visa center to change my category from single to married so that my entire family can come together.

However, after three years i just recieved a denial. Can anyone let me know what are my options now? Can i appeal?

Your help is appreciated.

Thanks!

Hello Saira, i have been through identical situation. Your marriage automatically made the petition filed by your mom void. There is no solution to this. My advise, dont waste time and file a fresh petition immediately. In my case i even consulted an immigration lawyer in USA but he also advised me the same and that was back in 2007.

[aaron2020 11,651]

Hi, my mom applied for me in 2003 when she was permanent resident of US. At that time i was single. Then during the process i got married. Also, after i get married my mom got her citizenship in 2010 so she request the visa center to change my category from single to married so that my entire family can come together.

However, after three years i just recieved a denial. Can anyone let me know what are my options now? Can i appeal?

Your help is appreciated.

Thanks!

Your only option is to file a new I-130 and start the wait all over.

A LPR can neve have a petition for a married child. When you got married when your mother was an LPR, you disqualified yourself. Your mother getting US citizenship after you got marry does not matter since the petition for you was already disqualified when you got married.

Your lack of knowledge screwed you over. The I-130 instructions are clear that when a petition for an unmarried child is filed by an LPR, marriage will cause it to fail.

You cannot appeal. There is nothing to appeal. USCIS did not make any mistakes. You simply did not follow the instructions and got your petition disqualified. Your fault so it cannot be appealed.

All you can do now is start over and get in the back of the line. It will be at around 12 years for you to get a visa at this point if your mother files today.

Edited February 4, 2013 by aaron2020

[apple21 953]

Previously you were under F2B category (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents).

Now that you are married and petitioner is already a US citizen, you disqualified yourself from the F2B petition. You will be transferred to the F3 category (Married Sons and Daughters of U.S. Citizens).

Mom has to file a NEW i-130 for you. A new Priority Date will be given to you hence a back-to-square-one waiting time.

As of the February 2013 Visa Bulletin, current PD being processed for F3 category (All Charge-ability Areas Except Those Listed) is 8 JULY 2002. http://www.travel.state.gov/visa/bulletin/bulletin_5856.html

You will wait for another 11 YEARS or so.