I130 - unmarried daughter living with a partner - should I get married before filling i130?

[SusanaCL 0]

Hi there,

 

I was reading the i130 form right now... and I got some questions about marriage...

 

I am daughter of a US Citizen (not from Philippines nor Mexico) above 21 years old. The petition will be sent to Oregon UCIS Office.

 

I am not legally married, but I live with a partner for 8 years now. In my country (Brazil), my marital status is single with “stable union” in free translation. I googled it and found the terms “consensual marriage” and “common law marriage”. I also read that some US states don’t recognizes these kind of status.

 

My question is: should I get married before my mother fill the Petition for Alien Relative?  Or she should fill the document for me as unmarried and once the process has started she can update my info?

 

Once this process takes several years, my mother thinks she should fill the petition ASAP in my name and then update with my husband/partner info, but I am afraid the US immigration thinks I am omitting information and this spoils anything in the petition. I just want to do thing right.

 

One of the reason I didn’t get “officially” married is because I don’t have family in my country. But if it is best get married before filling the petition, I’ll do it.

 

thank you all!

[aleful 1,905]

hi

 

 he isn't your husband until you legally marry, and it's up to you.

 

she can file for you now as unmarried, and then when you marry, she will update the information to change your category from unmarried child to married, or you can marry now and directly file as a married child of a USC

 

 

[geowrian 22,338]

She can file anytime and update it as necessary. Unless you are legally married under Brazil's laws, you're single/unmarried.

You have many years to wait and things can change in the meantime. I would not suggest getting (legally) married or not based on the petition. That's a decision to make based on when you want to marry.

 

NOTE: This is the case for a son/daughter of a USC. If your mother was an LPR instead, then remaining unmarried would be required (as there is no visa category for married sons/daughters of an LPR).

[SusanaCL 0]

Aleful, thanks again! Gracias!

 

Geowrian, thank you! And yes, my case is daughter of a USC.