Approved I-130 through mum (still waiting) but about to get married to US citizen

[Tolugnld]

Hello,

I hope someone is really able to offer me some advice. My mum who is a green card holder filed for me in 2011 after i turned 21. This placed me in the F2B category that automatically translates to a longer waiting period. I already got the approval letter for my I-130, but I'm still waiting for available visas since it's about a 7yr waiting period for my category (I have about 3 more years to go). I have never violated my status and I'm about to get married in two weeks to a US citizen. Marriage will move me to a different category under my mum's filing and will make my wait longer. So my question is this - Can my soon-to-be husband file for me even though I already have an existing application under my mum? Is that allowed?

Thanks!

[MaryH]

Is your mum still a Permanent Resident, if so, and you are now married, your case has become null and void. Due to the fact that a Permanent Resident, cannot file for children over 21.

It's in your best interest to go along a file petition under your now US, citizen husband. You should notify NVC or better yet, send a copy of your previous application.

- - - Updated - - -

I mean cannot file for married children,.....
The fact that you married after the case is null n void.

[rayb]

When you mom becomes a U.S. citizen (if she becomes a US. citizen), she can convert her petition for you to F3 status, which will increase the waiting period.

But as Mary H advised, have your U.S. citizen husband petition you as an "immediate priority" spouse.

Mom can just let your prior petition from her go into expiration mode on its own.

--Ray B

Hello,

I hope someone is really able to offer me some advice. My mum who is a green card holder filed for me in 2011 after i turned 21. This placed me in the F2B category that automatically translates to a longer waiting period. I already got the approval letter for my I-130, but I'm still waiting for available visas since it's about a 7yr waiting period for my category (I have about 3 more years to go). I have never violated my status and I'm about to get married in two weeks to a US citizen. Marriage will move me to a different category under my mum's filing and will make my wait longer. So my question is this - Can my soon-to-be husband file for me even though I already have an existing application under my mum? Is that allowed?

Thanks!

[Tolugnld]

I'm the Original Poster

So, I went to see a lawyer today and he verified what you both said. It's okay for my fiance to file for me, after we get married, without any problems. I just need some guide now to complete all of the paperwork...

Thanks!