Unmarried vs Married petition for over 21 child.

[crispy2 0]

Greetings all,

Not sure if this has been answered so I will put it out there.

My wife, a LPR, would like to bring her single, over 21yo son to the U.S. from Moldova. We understand that as long as she is a LPR that the case will be dropped/revoked if her son marries during the process. Our curiosity is, what would happen to the process if she applies for him now and then in 5 years she becomes a USC, and then he marries shortly after her citizenship. Does the application process continue on as normal or does he get pushed back to the end of the line again?....He is over 21yo.

Just wondering if we should submit now while she is a LPR and hope that the petition and marriage would come together just after her Citizenship and we don't have to wait another 5-9yrs.

Thanks in advance!

Chris

[Penguin_ie 5,993]

One she becomes a citizen, she can upgrade his petition to F1 visa category (unmarried son of US citizen), which will make the wait for a visa about a year shorter. If he married after that, he doesn't go to the very back of the line, but his wait becomes longer, he will wait about 4 years more than if he;d remain unmarried.

[belinda63 3,038]

Note if he marries it must be AFTER she obtains her citizenship.

[crispy2 0]

Thank you both for your replies.

Totally aware that him getting married and applying while his mom is a LPR is bad news and cancels everything. So I am just tossing around ideas...anything to shorten the wait time. I looked at the processing times for the I-130 F3 and it seems to be about 3 years. My wife just received her GC so it is a 5yr wait to become a USC. Here is my thought....Based on the 3 year processing time, what if her son gets married now and we wait for 2yrs before filing the I-130. Then at the end of her 5 year wait for the USC her son's I-130 is done at almost the same time and she just needs to notify USCIS of his married status....Which will add some years. Maybe less than if we waited for her to receive the USC before starting the procedure.

I realize that if her son gets married then we have to wait the 5yrs for his mom to receive her USC...what I am trying to do is see if there are any ways to shorten the waiting time after the USC.

Sorry if this is confusing...Just trying to look at this from all angles.

Thanks!!

[ndu26 114]

why does your wife have to wait five years before USC? are you not a USC. You are eligible for USC after three years of marriage to a USC.

[NigeriaorBust 4,087]

why does your wife have to wait five years before USC? are you not a USC. You are eligible for USC after three years of marriage to a USC.

Three years of marriage AND 3 years of holding a green card. So many think that only the marriage time counts and if the arrive after a long slow visa process they will be USC at 3 years of marriage.

[crispy2 0]

Three years of marriage AND 3 years of holding a green card. So many think that only the marriage time counts and if the arrive after a long slow visa process they will be USC at 3 years of marriage.

Yes....I am a USC...born and raised here. My wife and I were married in July of last year and she received her GC last month....as well as her SSN.

So, can I petition for her son (my step son) and his wife....the are not married now but they want to this summer.

Thanks!

[NigeriaorBust 4,087]

Children over 18 at the time of your marriage are not your stepchildren so you can't petition them

[crispy2 0]

I thought I had read that but just wanted to make sure I didn't miss something.

Thanks

[Boiler 45,516]

Sounds like she will need to wait until she has Naturalised.

[crispy2 0]

That's what I thought..... thanks everyone!