married siblings or above 22 years

[SusieQQQ 11,586]

7 hours ago, kashif01 said:

he still is a green card holder and he had applied in 2014 for them. How about the child who is not married but above 22. 

Aaron2020 has given you good answers on all the above, I just wanted to add/clarify that if an unmarried child of LPR turns 21 the case moves from F2A to F2B, which significantly lengthens the wait time (from about 2 years to about 7 years) 

[kashif01 2]

thanks for the insight

[edshere 0]

On 1/10/2019 at 5:23 PM, dwheels76 said:

If someone filed for them while single and they get married the category changes. Not denied. So parents filing for adult children they marry during the process the time has just went up for processing and waiting for PD to be current.
Siblings doesn't matter same category.

 

[edshere 0]

Just now, edshere said:

 

Interesting!  i am curious though what if the married sibling gets divorced does it change back?

[SusieQQQ 11,586]

1 hour ago, edshere said:

Interesting!  i am curious though what if the married sibling gets divorced does it change back?

If child of LPR no because the petition gets voided when they get married. The parent can however file a new one after divorce. If child of usc yes it changes back to F1 from F3. 

[edshere 0]

8 hours ago, SusieQQQ said:

If child of LPR no because the petition gets voided when they get married. The parent can however file a new one after divorce. If child of usc yes it changes back to F1 from F3. 

 

8 hours ago, SusieQQQ said:

If child of LPR no because the petition gets voided when they get married. The parent can however file a new one after divorce. If child of usc yes it changes back to F1 from F3. 

 

[edshere 0]

That is an intersting difference.  Is there any reason for that difference?

[SusieQQQ 11,586]

1 hour ago, edshere said:

That is an intersting difference.  Is there any reason for that difference?

What difference in particular are you talking about? (I'm assuming you've read the rest of the thread, which outlines what categories USCs and LPRs may sponsor)

[geowrian 22,337]

2 hours ago, edshere said:

That is an intersting difference.  Is there any reason for that difference?

I'm assuming you mean the difference between having a USC petitioner versus LPR petitioner for unmarried and married children.

 

The difference is simple: An LPR does not qualify as a petitioner for a married child. A USC does.

As such, once a child marries they no longer fall under any valid category and the petition is immediately invalidated. What happens afterwards (i.e. getting divorced) is immaterial as the petition is already dead. Whereas a USC petitioner's I-130 just changes categories back and forth.