Got Married while I130 process

[Miguel Esteban]

HI Guys

My parents are permanent residents and they filled the I130 form for me (IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, Single and over 21). While processing this request I got married. Now the case its approved, What should I do? I don´t want to lose this opportunity!

Thanks

[rayb]

You're right in the middle of a fairly common problem with children who married after having been petitioned by Green Card parents.

The petitioning parent needs to report your marriage, with a copy of your marriage certificate, to the National Visa Center. The parent who petitioned you needs to obtain U.S. citizenship to change the petition status.

If you attempt to use the visa, intended for a single child, your misuse will constitute visa fraud,and is likely to come out at some future date, either during your Embassy interview or later when you apply for Naturalization.

--Ray B

HI Guys

My parents are permanent residents and they filled the I130 form for me (IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, Single and over 21). While processing this request I got married. Now the case its approved, What should I do? I don´t want to lose this opportunity!

Thanks

[Miguel Esteban]

You're right in the middle of a fairly common problem with children who married after having been petitioned by Green Card parents.

The petitioning parent needs to report your marriage, with a copy of your marriage certificate, to the National Visa Center. The parent who petitioned you needs to obtain U.S. citizenship to change the petition status.

If you attempt to use the visa, intended for a single child, your misuse will constitute visa fraud,and is likely to come out at some future date, either during your Embassy interview or later when you apply for Naturalization.

--Ray B

This will delay the process or will continue without affecting it? I read that it takes about 10 years to aprove married children petitioned by a US citizen.

[rayb]

It most certainly will delay the process. You should have been advised of the effect on your immigrant petition of your marriage, which adds years to the waiting time for an immigrant visa.

Since your parent was a Green Card petitioner, the petition he/she submitted is no longer valid UNLESS THE PARENT BECOMES A U.S. CITIZEN.

I work with a lot of Filipino families for whom the waiting period of these classes of visas are the longest. It's almost a matter of cultural awareness in the Filipino-American community that children 21 or older hold off marrying so that: 1) their Green Card parent can petition them, and 2) their waiting time for an available current Priority Date is minimized.

Many immigrants come to the U.S. as "single" to avoid the longer waiting period, even after they are married. To do this, they must lie on several applications throughout the processing, "gaining immigration benefits of which they are not entitled." Many are discovered when they finally apply for Naturalization, at which time USCIS staff review all information available about all prior procedures, from entry to the U.S. until completion of the N-400, and the truth often comes out at the Naturalization application time. There is very little USCIS sympathy when this type of fraud is uncovered.

--Ray B

This will delay the process or will continue without affecting it? I read that it takes about 10 years to aprove married children petitioned by a US citizen.

[Richard Y]

Getting Married

If you are the unmarried son or daughter of a permanent resident, and you get married prior to becoming a permanent resident, you no longer qualify for permanent residence through your permanent resident family member. There is no visa category for a married child of a permanent resident. Note: You must notify USCIS of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.