Daughter married while I was an LPR.

[robertwdalton 0]

Originally filed on behalf of my daughter when I was an LPR. My daughter had a priority date of February 11, 2011. Three months prior to my becoming a US Citizen my daughter married. I updated USIS with the new status 1) that I was now a US citizen and that 2) My daughter is now married. I received a notice that my petition has been returned to NVS because there is no provision for an LPR to file for married children Does this mean after having waited 6 years with the February 2011 priority date, I must now refile as a US Citizen  filing for a married daughter? Do I get to keep my original priority date or must I get a new one…anyone know about this.

 

[robertwdalton 0]

Originally filed on behalf of my daughter when I was an LPR. My daughter had a priority date of February 11, 2011. Three months prior to my becoming a US Citizen my daughter married. I updated USIS with the new status 1) that I was now a US citizen and that 2) My daughter is now married. I received a notice that my petition has been returned to NVS because there is no provision for an LPR to file for married children Does this mean after having waited 6 years with the February 2011 priority date, I must now refile as a US Citizen  filing for a married daughter? Do I get to keep my original priority date or must I get a new one…anyone know about this.

[Ben&Zian 4,397]

Sounds like you start over now as a USC petitioning for her. Not sure how that would work now with her being married in the sense of her spouse though.... 

[Chardon Ne' 71]

8 minutes ago, robertwdalton said:

Originally filed on behalf of my daughter when I was an LPR. My daughter had a priority date of February 11, 2011. Three months prior to my becoming a US Citizen my daughter married. I updated USIS with the new status 1) that I was now a US citizen and that 2) My daughter is now married. I received a notice that my petition has been returned to NVS because there is no provision for an LPR to file for married children Does this mean after having waited 6 years with the February 2011 priority date, I must now refile as a US Citizen  filing for a married daughter? Do I get to keep my original priority date or must I get a new one…anyone know about this.

• Getting Married. If you are the unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, then you no longer qualify as an “Unmarried Son or Daughter of a U.S. Citizen” and will convert to the category of “Married Son or Daughter of a U.S. Citizen.” This change in categories may result in a significant delay in your immigrant visa becoming available. You must notify us 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. For more information on priority dates, see the “Visa Availability & Priority Dates” page.

I got this from the USCIS website. Hope it helps good luck. 

[geowrian 22,337]

A USC filing for a married child is 3rd preference. The biggest issue here is that she fell out of qualifications for any preference when she married and you were still an LPR. She must maintain a qualifying status the entire period while waiting. There are ways to request maintaining the current preference when she becomes eligible for a different preference (i.e. if she married after you became a USC), but once she fell into a non-eligible preference area, I don't think that's still possible.

Edited February 27, 2017 by geowrian

[LionessDeon 2,060]

Duplicate thread

[Georgia16 2,858]

Really sad she couldn't wait until you have become a USC before she got married.

 

When she married she fell out of the status when she married when you were a LPR if she had waited till you had become a USC the case could have been converted over. 

[Chardon Ne' 71]

16 minutes ago, Chardon Ne' said:

• Getting Married. If you are the unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, then you no longer qualify as an “Unmarried Son or Daughter of a U.S. Citizen” and will convert to the category of “Married Son or Daughter of a U.S. Citizen.” This change in categories may result in a significant delay in your immigrant visa becoming available. You must notify us 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. For more information on priority dates, see the “Visa Availability & Priority Dates” page.

I got this from the USCIS website. Hope it helps good luck. 

Also this 

 

• 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.
• Permanent Resident Relative Becomes a U.S. citizen.  If the permanent resident relative that petitioned for you becomes a U.S. Citizen, your preference category would change and a visa may be available sooner.  This is because you would now be getting a green card as a relative of a U.S. citizen.  For more information on getting a green card through a U.S. citizen relative, see the “Green Card for a Family Member of a U.S. Citizen” and “Green Card for an Immediate Relative of a U.S. Citizen” pages.

[Hypnos 6,576]

Unfortunately she invalidated the petition when she married whilst you were an LPR. 

 

You would need to petition her from scratch under the F3 family preference. It will take approximately 12 years for her priority date to become current, or 23 years if she's from Mexico or the Philippines. 

Edited February 27, 2017 by Hypnos

[Ontarkie 14,145]

~~Duplicate threads merged.~~

[Boiler 44,962]

I assume she is from Vietnam?

 

Now that she is married is she still interested in moving to the US? If so as a USC you can petition her. The old petition is history.

[Unlockable 7,314]

The question is whether she even wants to come to the US or not. By getting married she basically is starting her own family. Now the family structure and responsibility starts with husband and wife instead of father daughter. This is how immigration is looking at it.

 

She may very well be happy with having a life with her new hubby in her country.

[USC1961 251]

9 hours ago, Chardon Ne' said:

Also this 

 

• 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.
• Permanent Resident Relative Becomes a U.S. citizen.  If the permanent resident relative that petitioned for you becomes a U.S. Citizen, your preference category would change and a visa may be available sooner.  This is because you would now be getting a green card as a relative of a U.S. citizen.  For more information on getting a green card through a U.S. citizen relative, see the “Green Card for a Family Member of a U.S. Citizen” and “Green Card for an Immediate Relative of a U.S. Citizen” pages.

Not very much sooner.  It will still be many many years before she could get approved. 

[aleful 1,905]

ditto

 

unfortunately she made the mistake in getting married before you became a USC, so that petition was voided

 

if she really wants to come you must start all over, those years are gone, it's 12 or 13 years for her to come, if she really wants to come

 

 

[Ortolan 381]

I think now you're pretty much going to have to assume she'll just have to visit you from time to time.