I-485 Adjust Status

[MKUDDIN 0]

My mother File i-130 (Third Preference: Married sons and daughters (any age) of U.S. citizens) with my 2 daughters and 1 son. The time i-130 approved - My One daughter unable to get visa because she became over 21 years of age. We came to USA with one son and one daughter. Once I came to usa - I apply I-130 for my daughter at the time she was unmarred (Permanent resident (green card holder) •Unmarried sons and daughters (21 or over). After some time, my daughter got married. We become us citizen last month. Last week we received her I-130 approved for visa processing. I know if children got married will not get visa. Last month she came to usa with tourist visa. My question- Can we file for her I-485, Application to Register Permanent Residence or Adjust Status? and let her stay in USA?

[Transborderwife 4,666]

No

[Ben&Zian 4,398]

You have and have had immigrant petitions for her already, the attempt now to AOS I'm sure would be denied as it is bypassing the process.

[Mollie09 1,543]

She's not an immediate relative, so she can't stay and adjust if a visa number is not available to her. As the married child of a US citizen, a visa number is not available to her right now and she can't apply for I-485. You'll need to apply and wait ~15 years, if the category still exists.

Edited April 27, 2017 by Mollie09

[Transborderwife 4,666]

2 minutes ago, Ben&Zian said:

You have and have had immigrant petitions for her already, the attempt now to AOS I'm sure would be denied as it is bypassing the process.

Regardless, the daughter is over 21 and married.  Two reasons why they cannot AOS

[Tracy-->NY 40]

Did your daughter get married before you became a citizen, because if she did her visa petition is void and you will need to re-file a new petition.  From your post I gathered that is that she did as such the petition is no longer valid.  If you read the I-130 instructions this is one of the point listed.

Edited April 27, 2017 by Tracy-->NY

[Tracy-->NY 40]

On the instructions this is on page 1 - Note #2.

[Jojo92122 1,924]

The I-130 you filed for her is void since she married before you became a US citizen.  She can never benefit from this petition.  The only reason that the I-130 has been approved is that you have not updated the case to show that she is married.  If you had updated her case that she married before you became a USC, then the I-130 would have properly been denied.

She can not file an I-485 because she has no basis to do so.  Filing for this would be a MAJOR MISTAKE since it would be a frivolous filing and overstaying her I-94 would make her ineligible for a visa/green card in the future.  

 

You need to file a new I-130, and your daughter needs to return home before her I-94 expires, and she waits for the next 13 years for a visa.  

Edited April 27, 2017 by Jojo92122

[MKUDDIN 0]

26 minutes ago, Jojo92122 said:

The I-130 you filed for her is void since she married before you became a US citizen.  She can never benefit from this petition.  The only reason that the I-130 has been approved is that you have not updated the case to show that she is married.  If you had updated her case that she married before you became a USC, then the I-130 would have properly been denied.

She can not file an I-485 because she has no basis to do so.  Filing for this would be a MAJOR MISTAKE since it would be a frivolous filing and overstaying her I-94 would make her ineligible for a visa/green card in the future.  

 

You need to file a new I-130, and your daughter needs to return home before her I-94 expires, and she waits for the next 13 years for a visa.  

 Thank you once more for your help in this matter