F4 Visa Info

[baltistan 0]

I have a question, if anyone could provide me with some info about the issue discussed below:

If an individual appears for US immigrant visa interview (F4 type) and later on gets married after the visa interview (and "before" the issuance of visa), does this marriage affects the issued visa?

How would this affect the Green Card procedure? What steps are recommended by the US authorities for such an individual? Whether or not should the individual travel to US, or update the embassy about the changed marital status?

Would the embassy cancel the already issued visa if the person is not single anymore?

Best,

[NigeriaorBust 4,087]

^{If the person is not eligble for the class of visa they use to enter the US all immigration benefits gained can be removed when this is uncovered. If the visa is for someone single they MUST be single at the point of entry they use to activate the visa. THey could in theory take the next flight home marry and re enter and be fine.}

[aaron2020 11,651]

I have a question, if anyone could provide me with some info about the issue discussed below:

If an individual appears for US immigrant visa interview (F4 type) and later on gets married after the visa interview (and "before" the issuance of visa), does this marriage affects the issued visa?

How would this affect the Green Card procedure? What steps are recommended by the US authorities for such an individual? Whether or not should the individual travel to US, or update the embassy about the changed marital status?

Would the embassy cancel the already issued visa if the person is not single anymore?

Best,

If the F4 is the main beneficiary, then no problem. But why would the F4 want to marry after and leave his/her spouse behind. It would be smarter to marry before the interview and add the spouse to the petition.

If the F4 is a derivative beneficiary, then marriage automatically disqualifies the person as a derivative beneficiary. Any immigration benefit would be fraud. The beneficiary is responsible for informing the US Embassy about any material changes including marriages. Under no circumstances should this disqualified married person use the visa.

Edited June 19, 2014 by aaron2020

[baltistan 0]

If the F4 is the main beneficiary, then no problem. But why would the F4 want to marry after and leave his/her spouse behind. It would be smarter to marry before the interview and add the spouse to the petition.

If the F4 is a derivative beneficiary, then marriage automatically disqualifies the person as a derivative beneficiary. Any immigration benefit would be fraud. The beneficiary is responsible for informing the US Embassy about any material changes including marriages. Under no circumstances should this disqualified married person use the visa.

Ok thankyou Aaeon2020 for the timely info.

The F4 is actually a derivative. Actually they did not mean to do any fraud. They simply got married after the interview (but yes, before the issuance of visa). So in light of your reply, they informed the Embassy and they have now asked them to send them back the passport ( on which the US immigrant visa was issued) along with the packet. They sent them that.

So now my question is that what would be the fate of this visa? Are they simply going to cancel it? Would they issue a new visa with a changed marital status? Would the derivative go through further administrative processing or is it that the whole case for him would get closed?

Further, parents and other unmarried siblings of the derivative have also been issued immigrant visa? The parents are now not too willing to travel without their married child. So what is advisable for them? I mean is there any option like asking the US Embassy (Immigration authorities) to post pone the visas for something like 2 years?

If the parents however decide move to the US, and decide for applying for their married child again, how much time would it roughly take for this child to get another visa, knowing that he had been issued immigrant visa once?

Best regards

[belinda63 3,047]

His visa will be voided.

The visa is only good for about six months after issue. There is a use by or expiration date printed on the visa. Only in extreme circumstances can the date be extended. If they do not travel prior to the visas expiring they will have to start the entire process over again and wait again for a visa number to become available.

LPRs cannot apply for married children, they will have to wait until one of them becomes a citizen.

[NigeriaorBust 4,087]

Not knowing the country these people are from for sure. If the parents move without the disqualified child they have a 5 year wait until they become a USC . Married children of USC's for most countries are processing from 2003 so about 11 years more . That would be 16 years. Married children is a class that could be eliminated by immigration reform. ( or it could get slower/faster )

[aaron2020 11,651]

Ok thankyou Aaeon2020 for the timely info.

The F4 is actually a derivative. Actually they did not mean to do any fraud. They simply got married after the interview (but yes, before the issuance of visa). So in light of your reply, they informed the Embassy and they have now asked them to send them back the passport ( on which the US immigrant visa was issued) along with the packet. They sent them that.

So now my question is that what would be the fate of this visa? The visa is still valid until the US Embassy is informed that the derivative beneficiary is married. Then, the US will cancel the visa. Are they simply going to cancel it? Yes, after the US Embassy is informed. Would they issue a new visa with a changed marital status? No. The derivative disqualified himself when he got married. Would the derivative go through further administrative processing or is it that the whole case for him would get closed? It's over for him. Marriage 100% disqualified him and there is nothing to do to help him.

Further, parents and other unmarried siblings of the derivative have also been issued immigrant visa? The parents are now not too willing to travel without their married child. So what is advisable for them? If they will not leave him, then the family does not immigrate to the US. I mean is there any option like asking the US Embassy (Immigration authorities) to post pone the visas for something like 2 years? No. 100% disqualified.

If the parents however decide move to the US, and decide for applying for their married child again, how much time would it roughly take for this child to get another visa, knowing that he had been issued immigrant visa once? At least 17-18 years. 5 years for a parent to get US citizenship. Then 12 years for that parent to petition the child. If the child is from mainland China, India, Mexico, or the Philippines, the wait will be even longer.

Best regards

Hi,

A derivative beneficiary is 100% disqualified if the person gets marry before using the visa to enter the US. There is nothing that can be done to get a visa.

Since the US Embassy does not know that the person is now married, the visa will be issued for a derivative beneficiary that is single.

I am not saying your friend committed fraud. What I wrote was that it would be immigration fraud if the married derivative beneficiary uses his visa. This is not going to be forgiven. Even if he gets his green card, he could still lose it, be arrested, and be deported. With a material misrepresentation, he would be ban from the US for life. He potentially would expose his fraud as soon as he petitions for his wife and shows a marriage certificate that disqualifies his derivative beneficiary status.

Sorry.

[aaron2020 11,651]

Not knowing the country these people are from for sure. If the parents move without the disqualified child they have a 5 year wait until they become a USC . Married children of USC's for most countries are processing from 2003 so about 11 years more . That would be 16 years. Married children is a class that could be eliminated by immigration reform. ( or it could get slower/faster )

Once again, what immigration reform?

When Eric Cantor lost his primary election for being too liberal on immigration, that put the death nail on any potential immigration reform.

Don't know why people keep bringing up that immigration reform may or may not eliminate the F4 category. That's not even on the table right now.

[apple21 953]

Ok thankyou Aaeon2020 for the timely info.

The F4 is actually a derivative. Actually they did not mean to do any fraud. They simply got married after the interview (but yes, before the issuance of visa). So in light of your reply, they informed the Embassy and they have now asked them to send them back the passport ( on which the US immigrant visa was issued) along with the packet. They sent them that.

So now my question is that what would be the fate of this visa? The derivative beneficiary is now disqualified for the visa because of marriage. Are they simply going to cancel it? YES. Would they issue a new visa with a changed marital status? NO. Would the derivative go through further administrative processing or is it that the whole case for him would get closed? No AP. The derivative will be denied/disqualified for the visa.

Further, parents and other unmarried siblings of the derivative have also been issued immigrant visa? The parents are now not too willing to travel without their married child. So what is advisable for them? I mean is there any option like asking the US Embassy (Immigration authorities) to post pone the visas for something like 2 years? Their visas will expire on the printed expiry date. The embassy will not extend or postpone expiry because of that reason.

If the parents however decide move to the US, and decide for applying for their married child again, how much time would it roughly take for this child to get another visa, knowing that he had been issued immigrant visa once? Green card holders cannot file for married children. They will have to naturalize first. They will qualify for naturalization after 5 years of residency. Petition for married children (F3) will take 11 YEARS (more if the they are from Mexico or Philippines). His previous/cancelled immigrant visa is irrelevant to the F3 new petition.

Best regards

Anyway, did they get married thinking the spouse can immigrate together with the derivative beneficiary? I'm just curious because my husband was a previous principal applicant for F2B (unmarried son of LPR) and the consul made him sign a paper saying he was informed that marriage after the interview, before/during/after visa issuance and before entry to the US will void his visa. Was your friend aware of that as well? Did he sign such a document?

Edited June 21, 2014 by apple21

[NigeriaorBust 4,087]

Once again, what immigration reform?

When Eric Cantor lost his primary election for being too liberal on immigration, that put the death nail on any potential immigration reform.

Don't know why people keep bringing up that immigration reform may or may not eliminate the F4 category. That's not even on the table right now.

Current reform is dead but certain classes get thrown on the block all the time, siblings , married children , DV lottery. It is never good to count on some of these classes to be available forever.

[aaron2020 11,651]

Current reform is dead but certain classes get thrown on the block all the time, siblings , married children , DV lottery. It is never good to count on some of these classes to be available forever.

And nothing has significantly changed since 1986.

Long history of things getting thrown around, and nothing changes.

Don't know why people seems attach to idea that the F4 category will be (may be) eliminated when immigration reform is not even on the table.