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william james

F4 - Does getting married affect it?

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Filed: Timeline

Hi everyone,

My brother is a US Citizen and applied for me (his biological brother) in 2007. In 2008, I got married, and in 2011 I got divorced. Here is my question, does getting married and/or divorced (AFTER my brother applied) in any way affect my case? Am I still eligible for sponsorship based on the F4 I-130 application my brother had filed in 2007?

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Filed: Timeline

hi

no, it doesn't affect you, there is only one category for siblings, so it doesn't matter if you are married or not

Sorry to bother you with a follow-up question, but what if instead of F4, this was a F1 case. For example, my father (US Citizen), sponsors me (unmarried son or daughter OVER 21). Then, while I am waiting for my case, I go get married, AND divorced. What happens if the case was already approved by USCIS prior to the marriage, and now that the marriage has taken place (and been terminated), it is in the hands of NVC. Would the NVC still move forward with the case or would is it a void application? How would it be different if the case was approved after the marriage? thanks

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Filed: Citizen (apr) Country: Argentina
Timeline

Sorry to bother you with a follow-up question, but what if instead of F4, this was a F1 case. For example, my father (US Citizen), sponsors me (unmarried son or daughter OVER 21). Then, while I am waiting for my case, I go get married, AND divorced. What happens if the case was already approved by USCIS prior to the marriage, and now that the marriage has taken place (and been terminated), it is in the hands of NVC. Would the NVC still move forward with the case or would is it a void application? How would it be different if the case was approved after the marriage? thanks

hi

a little different but the same case it wouldn't affect the case, since USC parents can file for married or unmarried children

the case would start as an F1, once married, parent submits the copy of child's marriage certificate and the child changes to category F3, married child of a USC

if the child divorces, the same process, parent submits to the NVC a copy of the divorce decree and the child changes to F1 again as unmarried child over 21 of a USC

the problem lies when the parent is only a LPR, residents cannot file for married children, therefore the petition becomes voided if child marries, once the child is divorced, if that were to happen, then the parent can file a new petition, but all those years that passed won't count

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