Jump to content
arpatel

What happens to F2b I130 petition if child gets married after I130 approval?

By arpatel in Bringing Family Members of Permanent Residents to America

 Share

3 posts in this topic

Recommended Posts

arpatel Explorer

arpatel   16

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Hello Everyone,

 

I am Permanent Resident and  I filed for my unmarried son who is above 21 years old. I filed I130 for him in F2B category. I am a citizen of India.

 

My questions are 

1) If My son do marriage after I130 approval, then the I130 petition which I filed for him gets revoked?

2) If My son is in USA and file I-485 (when priority date becomes current) after I130 approval and do marriage , then my I130 petition gets revoked or not ?

 

Today I did live chat with 2 USCIS representative and the first representative said "the I130 petition will not get revoked". the second representative said "Depends on when your son get married within the process of application I-130 being completed after approval. Because your son will have to wait for the interview in his home country in order for him to get approval from them. If you son is in USA and filed I485 and it is in pending then it will not effect him getting green card on F2B application if he do marriage"

 

I am confused with their answers. Thank you for your help in advance.

Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)

I130 doesn't matter. if he marries while you are an LPR, i130 will be useless whether revoked or not.
 

If your son marries, he is not eligible for permanent residency through you if you are still a GC holder. 
 

1. If filing AOS in the US, he has to remain unmarried till his i485 is approved. 
2. If consular process, he has to remain unmarried till he enters US in the immigrant visa. Even if he marries after getting the visa but before entering US, he won't be eligible for GC. 
 

 

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
SalishSea Grand Master

SalishSea   17,827

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
53 minutes ago, arpatel said:

Hello Everyone,

 

I am Permanent Resident and  I filed for my unmarried son who is above 21 years old. I filed I130 for him in F2B category. I am a citizen of India.

 

My questions are 

1) If My son do marriage after I130 approval, then the I130 petition which I filed for him gets revoked?

2) If My son is in USA and file I-485 (when priority date becomes current) after I130 approval and do marriage , then my I130 petition gets revoked or not ?

 

Today I did live chat with 2 USCIS representative and the first representative said "the I130 petition will not get revoked". the second representative said "Depends on when your son get married within the process of application I-130 being completed after approval. Because your son will have to wait for the interview in his home country in order for him to get approval from them. If you son is in USA and filed I485 and it is in pending then it will not effect him getting green card on F2B application if he do marriage"

 

I am confused with their answers. Thank you for your help in advance.

Your som cannot come here with the intent for you to file for AOS for him.   That is immigration fraud.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...