F2B Visa - Unmarried Children now married

[kthaker]

My Father filed family based immigration petition category F2B for me in 2008. That time he was Green Card holder now citizen. I got married in 2011. On 2015, my date was current and received a letter from NVC to take on my case. As i am married, i didn't took any action to know my case automatically will be voided because of my married status. Now Yesterday i received a letter from NVC stating, my date is still current and take a action for immigration.

Can i take the benefit of this petition even though i am married? If yes, what steps i needs to take?

Thank You.

[newacct]

Did you marry before or after your father became a citizen?

[kthaker]

Did you marry before or after your father became a citizen?

Before my father became citizen. I am here on my work Visa.

[newacct]

Before my father became citizen.

Then the petition is dead and you need to start over. There is no category for married children of permanent residents. So when you married when your father was still a permanent resident, the petition became void. On the other hand, if you had married after your father became a citizen, the petition would still be fine as it would have moved from F2B to F1 (unmarried child of citizen) to F3 (married child of citizen).

[kthaker]

Then the petition is dead and you need to start over. There is no category for married children of permanent residents. So when you married when your father was still a permanent resident, the petition became void. On the other hand, if you had married after your father became a citizen, the petition would still be fine as it would have moved from F2B to F1 (unmarried child of citizen) to F3 (married child of citizen).

That's not so good news ☹️

[Brandonmor69]

Hi I am posting for a family member in regards to F2B immigration application. Hopefully someone can give some insights in this manner! Thank you.

a green card holder filed an immigration petition for an unmarried (never married in 2013) biological son. The son decided to get married in 2017 but was divorced shortly after in 2018. Applicant has received an email recently asking to complete the DS-260 and affidavits of support.

question: how would the previous marriage affect this case? Is it automatically cancelled? Or the fact that he is single now, he can proceed with the case and the immigration visa will be issued with no problem!?
thank you

[newacct]

Hi I am posting for a family member in regards to F2B immigration application. Hopefully someone can give some insights in this manner! Thank you.

a green card holder filed an immigration petition for an unmarried (never married in 2013) biological son. The son decided to get married in 2017 but was divorced shortly after in 2018. Applicant has received an email recently asking to complete the DS-260 and affidavits of support.

question: how would the previous marriage affect this case? Is it automatically cancelled? Or the fact that he is single now, he can proceed with the case and the immigration visa will be issued with no problem!?
thank you

If the parent never naturalized, the petition is dead. Since he is single now, the parent can petition him again, but the priority date would be now and the wait would start over again.