Petitioned - Married

[Othan007 1]

Hi, i would like to ask for your opinion on my situation. My papers petitioned by my Parents who are US citizen is already approved.

i have included my wife and daughter for the review process. If we will be approved to fly, Is it possible that I will fly first to US and delay theirs once I’m settled? Or the embassy will require us to go together on the certain approve deadline?

Edited May 23, 2020 by Othan007

[SusieQQQ 11,587]

22 minutes ago, Othan007 said:

Hi, i would like to ask for your opinion on my situation. My papers petitioned by my Parents who are US citizen is already approved.

i have included my wife and daughter for the review process. If we will be approved to fly, Is it possible that I will fly first to US and delay theirs once I’m settled? Or the embassy will require us to go together on the certain approve deadline?

F3 visa? Yes you can do it that way as long as everyone is there before the visas expire (this will be 6 months after your medical exams). The only other restriction is that the principal beneficiary (you) must enter before or with the derivatives (spouse & children), so that’s fine. 

[Othan007 1]

If my paper was filed under the F24 class. Can this be easily updated or change to F3 during the process? Because i noticed i can add wife and children under the applicant.

Edited May 23, 2020 by Othan007

[NikLR 13,232]

Did your parents petition you before you were married?

Did your parents petition you before they were US citizens?

 

 

Edited May 23, 2020 by NikLR
Spelling

[Othan007 1]

Yes. I was petitioned before i was married.

yes, before US citizens.

 

can i bring my wife and daughter already with me or not yet?

[belinda63 3,047]

When you got married was the petitioning parent a US citizen?

[SusieQQQ 11,587]

3 hours ago, Othan007 said:

Yes. I was petitioned before i was married.

yes, before US citizens.

 

can i bring my wife and daughter already with me or not yet?

Only if your parents became citizens before you married, then you will change to F3, unfortunately that means your priority date will become current much later too. (What is your priority date?)

However if you married before they became citizens then your petition became invalid and they will need to file a new one. 

Edited May 23, 2020 by SusieQQQ

[SusieQQQ 11,587]

7 hours ago, Othan007 said:

 

 

can i bring my wife and daughter already with me or not yet?

Just to clarify my answer above a bit more because the way you have worded this question makes me think you perhaps do not understand the way the process works. It is not a case of whether you “can” bring your family now or later. What you need to understand is that in the eyes of USCIS as soon as you got married the petition was no longer just you, but your family. There is no separate, it is one unit. So the only question remaining is whether your parents were able to petition a married child as of the date you got married. In other words, were they already citizens when you got married? If the answer is yes, then your petition changes category to F3 (you need to notify uscis of the change in circumstances so this can happen). If the answer is no, then your petition at the time became invalidated as soon as you got married. In this case your parents need to file a new petition. 

[Othan007 1]

6 hours ago, belinda63 said:

When you got married was the petitioning parent a US citizen?

Not yet. thank you, but i think Im no longer eligible to process my letter. Because my marriage comes first before us citizenship.

[Othan007 1]

2 hours ago, SusieQQQ said:

Just to clarify my answer above a bit more because the way you have worded this question makes me think you perhaps do not understand the way the process works. It is not a case of whether you “can” bring your family now or later. What you need to understand is that in the eyes of USCIS as soon as you got married the petition was no longer just you, but your family. There is no separate, it is one unit. So the only question remaining is whether your parents were able to petition a married child as of the date you got married. In other words, were they already citizens when you got married? If the answer is yes, then your petition changes category to F3 (you need to notify uscis of the change in circumstances so this can happen). If the answer is no, then your petition at the time became invalidated as soon as you got married. In this case your parents need to file a new petition. 

Thanks this is a great help for me to understand my case. If my parents file again it will take another 9-10years to process again right?

[SusieQQQ 11,587]

1 minute ago, Othan007 said:

Not yet. thank you, but i think Im no longer eligible to process my letter. Because my marriage comes first before us citizenship.

Oh dear.

 

Just now, Othan007 said:

Thanks this is a great help for me to understand my case. If my parents file again it will take another 9-10years to process again right?

Unfortunately it is likely to take quite a bit longer than that, more likely 13-15 years for F3.

[Othan007 1]

15 minutes ago, SusieQQQ said:

Oh dear.

 

Unfortunately it is likely to take quite a bit longer than that, more likely 13-15 years for F3.

 

do you think it’s ok to go on with the  process and let them decide? (Complete all necessary steps)

Edited May 23, 2020 by Othan007

[belinda63 3,047]

If you like wasting your money you can proceed. As soon as they see the date of marriage the case will be closed.

[SusieQQQ 11,587]

35 minutes ago, Othan007 said:

 

do you think it’s ok to go on with the  process and let them decide? (Complete all necessary steps)

You’ll just waste time and money doing that. The F2B classification you were filed under is for unmarried son or daughter over 21 of an LPR. There is no situation in which an LPR can file for a married child, so your marriage made the basis for that petition invalid. However if it makes you feel better for them to deny you rather than taking our word for it, at least please get your parents to file a new petition now so you don’t waste any more time.

—-

Question to others: will NVC return the petition now that OP has listed his wife and child, or will he have to go all the way to interview and wait all that time plus spending maybe another thousand+ dollars on interview fees and medicals for the family before getting denied?

 

 

Edited May 23, 2020 by SusieQQQ

[SusieQQQ 11,587]

FYI here’s a lawyer website saying the same thing 
 

https://www.njimmigrationattorney.com/blog/2016/04/effect-of-marriage-on-f2b-petition-file.shtml

 

The problem is that there is no category for married children of lawful permanent residents. As a result, if the F2B beneficiary of an I-130 petition marries while the petition is pending (or for that matter, even after visa approval but before immigrating to the United States), the petition will, for all practical purposes, be invalidated.

Edited May 23, 2020 by SusieQQQ