Process of wife and kids to join husband who got greencard.

[aaron2020 11,651]

I always understood it to be marital status at the time of the interview to be the one that mattered.

Nope. The F2 child must remain unmarried to use the visa. In no way shape or form can a married child of an LPR get a green card through the LPR parent.

Read this: https://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-permanent-resident

• Getting Married. If you are the unmarried son or daughter of a permanent resident, and you get married prior to becoming a permanent resident, you no longer qualify for permanent residence through your permanent resident family member. There is no visa category for a married child of a permanent resident. Note: You must notify USCIS of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

[Boiler 45,690]

Nope. The F2 child must remain unmarried to use the visa. In no way shape or form can a married child of an LPR get a green card through the LPR parent.

Read this: https://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-permanent-resident

• Getting Married. If you are the unmarried son or daughter of a permanent resident, and you get married prior to becoming a permanent resident, you no longer qualify for permanent residence through your permanent resident family member. There is no visa category for a married child of a permanent resident. Note: You must notify USCIS of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

Slightly wooly wording but the last sentence says or obtaining an immigrant visa

[Spmaria 11]

I also read it as a person has to stay unmarried between the time the form was filled and time the visa was issued. It didn't say until he lands to US soil or get his hands to plastic green card.

But I'd consult a lawyer asap.

[Anitafeliz 1,133]

If he applies for you it will be known he married you prior to his departure and adjustment. So you can wave goodbye to coming here the kids he may apply for but again they may find out. Detrimental to his case.

All anyone one here can advice you is to advice him to return his GC anything else would be aiding in immigration fraud something illegal and not allowed on this forum.

Have him return his GC. And explain he was unaware of that rule.

Edited June 5, 2016 by Anitafeliz

[belinda63 3,039]

I think the red "get married prior to becoming a permanent resident" should explain it all. Having a visa does not guarantee anything. You are not an LPR until you successfully use the visa and enter the US.

He has choices to make. He can remain in the US with his fraudulently obtained green card (although I believe it was an innocent mistake) and never petition for you or the children. He can leave the US explaining his misunderstanding and his family can file a new petition (when they qualify) for him as married. He can leave, divorce you, and the parents can file a new petition as an unmarried child.

[Anitafeliz 1,133]

I think the red "get married prior to becoming a permanent resident" should explain it all. Having a visa does not guarantee anything. You are not an LPR until you successfully use the visa and enter the US.

He has choices to make. He can remain in the US with his fraudulently obtained green card (although I believe it was an innocent mistake) and never petition for you or the children. He can leave the US explaining his misunderstanding and his family can file a new petition (when they qualify) for him as married. He can leave, divorce you, and the parents can file a new petition as an unmarried child.

he may NOT stay no no no.

[Anitafeliz 1,133]

Your case requires expert legal advice. You should go see an immigration attorney for this. Many have 1st consultation free of charge!

No legal means around this...sorry

[Transborderwife 4,666]

Your case requires expert legal advice. You should go see an immigration attorney for this. Many have 1st consultation free of charge!

I've not seen very many who provide free consultation