Unmarried Child petitioned by Mother, is now Married while waiting....

[C&BJax13 0]

Good Day Folks,

I am new to the forum,and really hope someone here may have been down this path before and can provide some suggestions with a situation my mother and sister is facing currently.

My mother filed a I-130 for adult unmarried child for my sister back in 2007.My sister was not married at the time.Paperwork took forever and a day to work it's way towards approval and then finally got approved. My sister has since been married.Currently,she is in the process of submitting her DS-260 so my questions are the following:

1.What typically occurs and what can be expected in the paperwork processing at USCiS when you indicate a change in marital status as in my sister's case?

2. Would the fact that she is now married,cause her to be removed, disqualify or change in any way from the current filing status?

3. All her legal docs and application.( I-130, passport, DL,) are in her maiden name,does she need to change theses docs to married name if she indicates she is married in the DS-260?

Thank you,

Appreciate any or all feedbacks in advance...

[belinda63 3,038]

By marrying she has moved herself from the F1 category to the F3 category (married sons and daughters of US citizens). F3 is currently processing priority dates of November 2003.

She might make it to the interview but she will not be issued a visa as her priority date is not current.

[milimelo 4,484]

Is mother a USC or LPR?

[NigeriaorBust 4,087]

If your sister married before your mother became a USC your mother will need to file a new petition and starting waiting all over. There is no class for married children of permanent residents

[Ian H. 207]

The big question here is whether or not your mother is a USC? And if so, was she a USC at the time your daughter was married?

If your mother is not a USC, your sister's application is automatically revoked upon marriage, and I wouldn't bother sending any forms or fees to the NVC. In which case, she would have to be petitioned either by you if you are a USC, or by your mother when she becomes a USC. She will lose whatever PD she had.

If your mother is a USC, she HAD to be a USC before your sister married in order to retain the application and the PD. She would be able to keep the same PD, but it would be pushed back a few years, because married children of USC's have a longer wait.

If your mother wasn't a USC when your sister married and is one now, what I mentioned first still applies and the application would be revoked. Could you please clarify to help you further?

[C&BJax13 0]

Gentle Folks,

Good Morning!!

First thank all of you that provided replies, you guys are awesome, inspire of the news....

Next, In response to this question:

The big question here is whether or not your mother is a USC? And if so, was she a USC at the time your daughter was married?

Yes, my mother was and has been a USC, years before submitting the I-130 for my sister and before her marriage.

Okay, now I understand what to expect per the comments by (Ina H and others), so as I mentioned in my opening email all her legal docs still bears her maiden name,like the way the I-130 was submitted by my mother.

So now as she proceeds and indicates her changed marital status on the DS-260, what is the appropriate name(s) she should used Maiden or Married?

The fees have been paid and at this point, we will have to move forward regards of the wait time....

Are there any other news nuggets I need to be mindful of as we proceed with her DS-260?

Guys thank you all... U r the best....

[aaron2020 11,651]

Hi,

Your sister does not qualify for an immigration visa in the F1 family preference category once she got married.

The case is being processed as an F1 case because your family never informed USCIS and the NVC that she was married and her case should be processes as an F3 case.

Ultimately, your sister will be denied a visa. The fees will be lost since your family did not update the case.

Your sister will have to wait until 2019 for her visa in the F3 category. New fees and new paperwork will need to be submitted.

At this point, don't even bother with the DS-260. Your family needs to inform the NVC that your sister is married to get the case processed correctly.

Edited August 26, 2014 by aaron2020

[Ian H. 207]

As mentioned above, you have to notify the NVC of her marital status so that her petition can be placed in the correct visa category. She will not lose her PD, but it will be pushed back only because the F3 case is longer.

Right now it looks like another 3 or 4 years. The good thing is, despite the wait, is that she would be able to bring her husband with her as a derivative beneficiary when her PD is reached under F3, plus any unmarried minor children they may have.

Also, when she reports the marital status to the NVC, she should update her name with them, but only if she is using her married name. If she hasn't changed her name or isn't planning to do so, then her maiden name is fine.

Whether or not she will be changing her name, she needs to submit to the NVC a copy of her marriage certificate in order to update her name(if she wants) add her husband to the case, and to prove her marital status. I would also submit the BC's of any children to add to the case as well, that way she doesn't worry about doing so later.

[C&BJax13 0]

Gentlefolks,

A heart felt thank you for all your replies, deeply appreciated..

Sincerely,

C & B Jax 13...