APPROVED F24 CATEGORY VISA MARRIED

[Jayson Fontiveros 0]

Madam/Sir this is my question.

What will happen when a person was approved for an F24 visa category but got married while it is in the process or before it was approved? And what are the things that he/she can do? Thank you in advance for your answer, God bless 🙏

[Lucky2Lucky 2,526]

F24 is for an unmarried son or daughter of an LPR. I would think this would invalidate the pending visa as this is basically the main requirement to obtain the visa. The application should be revoked when you got married. I'm sure someone with experience will chime in. 

Edited May 29, 2020 by Luckycuds

[SusieQQQ 11,586]

Unless your parent became a us citizen before you married, this invalidates the visa/petition.  You have to stay unmarried right until when you enter the US.

Edited May 29, 2020 by SusieQQQ

[Jayson Fontiveros 0]

8 hours ago, Luckycuds said:

F24 is for an unmarried son or daughter of an LPR. I would think this would invalidate the pending visa as this is basically the main requirement to obtain the visa. The application should be revoked when you got married. I'm sure someone with experience will chime in. 

Thank you 

[Jayson Fontiveros 0]

8 hours ago, SusieQQQ said:

Unless your parent became a us citizen before you married, this invalidates the visa/petition.  You have to stay unmarried right until when you enter the US.

What if the parent is already a u.s  citizen before he/she got married?

[Change-name 4]

1 minute ago, Jayson Fontiveros said:

What if the parent is already a u.s  citizen before he/she got married?

Dont try it Until you come to the united States and even if you have a child you can't bring it along with you so wait until you get here then you can now go back and marry whoever you want to get married to.

[geowrian 22,337]

12 minutes ago, Jayson Fontiveros said:

What if the parent is already a u.s  citizen before he/she got married?

Then they would fall into F3 category and have to wait for that PD to become current. I think this is close to around 15 years from the date of the I-130 was filed.

 

This remain-unmarried requirement applies to entry on the visa as well...they can enter the US on the visa then immediately marry, but cannot marry before entering on the visa.

 

8 minutes ago, ### said:

even if you have a child you can't bring it along with you

Children can immigrate fine, assuming they are otherwise eligible for the visa and have permission of the parent.

Edited May 30, 2020 by geowrian

[Change-name 4]

15 minutes ago, geowrian said:

Then they would fall into F3 category and have to wait for that PD to become current. I think this is close to around 15 years from the date of the I-130 was filed.

 

This remain-unmarried requirement applies to entry on the visa as well...they can enter the US on the visa then immediately marry, but cannot marry before entering on the visa.

 

Children can immigrate fine, assuming they are otherwise eligible for the visa and have permission of the 

Am talking from experience this something ylthst happened to me too so no doubt about it

[geowrian 22,337]

1 minute ago, ### said:

Am talking from experience this something ylthst happened to me too so no doubt about it

I'm not sure what to tell you as I don't know your case specifics.

But derivatives (unmarried children under 21) are allowed in any family preference category.

A child of an F3 beneficiary is eligible for an F33 (Child of F31) visa, per https://fam.state.gov/fam/09FAM/09FAM050201.html#M502_1_3.

[Change-name 4]

20 minutes ago, geowrian said:

Then they would fall into F3 category and have to wait for that PD to become current. I think this is close to around 15 years from the date of the I-130 was filed.

 

This remain-unmarried requirement applies to entry on the visa as well...they can enter the US on the visa then immediately marry, but cannot marry before entering on the visa.

 

Children can immigrate fine, assuming they are otherwise eligible for the visa and have permission of the parent.

After your interview expect application processing which is going to take few months before they can issue a visa after they investigate you if you are married or not they will come to your neighbor hood to find out if you are married or not and once they find out that you are married they will revoke your application 

[geowrian 22,337]

4 minutes ago, ### said:

After your interview expect application processing which is going to take few months before they can issue a visa after they investigate you if you are married or not they will come to your neighbor hood to find out if you are married or not and once they find out that you are married they will revoke your application 

I think something got crossed through the various responses. The line you quoted was in response to "What if the parent is already a u.s  citizen before he/she got married?"

 

If one were to try to continue under F2B or F1 category (the petitioner can choose to retain F2B...a weird quirk but it is allowed), then there absolutely would be issues when they try to proceed. They would need to list the spouse on the DS-260, and that would be the end of it (Edit: meaning they would need to wait for F3 to become current). If they lied there, then yes, they would be getting themselves into much bigger trouble for multiple reasons later.

 

I was referring to the category switching to F3, in which case they have a longer wait for the PD to become current, but it is a viable path.

Edited May 30, 2020 by geowrian

[Change-name 4]

3 minutes ago, geowrian said:

I think something got crossed through the various responses. The line you quoted was in response to "What if the parent is already a u.s  citizen before he/she got married?"

 

If one were to try to continue under F2B or F1 category (the petitioner can choose to retain F2B...a weird quirk but it is allowed), then there absolutely would be issues when they try to proceed. They would need to list the spouse on the DS-260, and that would be the end of it (Edit: meaning they would need to wait for F3 to become current). If they lied there, then yes, they would be getting themselves into much bigger trouble for multiple reasons later.

 

I was referring to the category switching to F3, in which case they have a longer wait for the PD to become current, but it is a viable path.

That means you have to wait for several years PD to be come current and the several years can be 5 to 7 years

[SusieQQQ 11,586]

1 hour ago, Jayson Fontiveros said:

What if the parent is already a u.s  citizen before he/she got married?

Then the category changes automatically to F3, married son or daughter of USC.

[SusieQQQ 11,586]

1 hour ago, geowrian said:

I'm not sure what to tell you as I don't know your case specifics.

But derivatives (unmarried children under 21) are allowed in any family preference category.

A child of an F3 beneficiary is eligible for an F33 (Child of F31) visa, per https://fam.state.gov/fam/09FAM/09FAM050201.html#M502_1_3.

Indeed, children can even come as derivatives of F2B as long as the applicant has remained unmarried. 

[SusieQQQ 11,586]

Incidentally in reading the new version of the USCIS field manual earlier on this topic, I discovered that not only can an F2B applicant get their visa refused/revoked if they claim to be unmarried when they are married, but the petitioning LPR can get his or her green card revoked too. (I know there was absolutely no suggestion by the thread starter that they would do this - I just mention it out of interest as I’ve never seen this sanction on the petitioner mentioned before, but it’s there in the manual). The other point to highlight from the manual is that the petition revocation happens automatically on marriage, so even if the person subsequently gets divorced it doesn’t fix it and a new petition is needed.