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I Got Married After Approval of My USCIS i130 Application Unmarried Son of US Citiz..

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  • I Got Married After Approval of My USCIS i130 Application Unmarried Son of US Citiz..

    Hi dear All,

    I will really appreciate if you can help me with the following?

    I got married after approval of my USCIS i130 application (unmarried son of US citizen over age of 21). After waiting 7 years, eventually today my approved visa petition is received at NVC for further processing, now i need to submit the financial & supporting documents to NVC to schedule a visa interview at US embassy to get my visa.

    However, now I am married with 2 children and I read on the internet that changing the marital status while case is under petition will significantly delay my case for another 10 years? I can't wait again for so long,

    Is it possible to somehow include my wife and children in this visa application? Or do you have any other ideas? suggestion? alternative solutions?

  • #2
    Originally posted by theyousufqureshi View Post
    Hi dear All,

    I will really appreciate if you can help me with the following?

    I got married after approval of my USCIS i130 application (unmarried son of US citizen over age of 21). After waiting 7 years, eventually today my approved visa petition is received at NVC for further processing, now i need to submit the financial & supporting documents to NVC to schedule a visa interview at US embassy to get my visa.

    However, now I am married with 2 children and I read on the internet that changing the marital status while case is under petition will significantly delay my case for another 10 years? I can't wait again for so long,

    Is it possible to somehow include my wife and children in this visa application? Or do you have any other ideas? suggestion? alternative solutions?
    Since you're married, you're in the F3 category (married child of US citizen), and not F1 category (over-21 unmarried child of US citizen). Yes, the wait for visa numbers in F3 is about 5 or 6 years longer than in F1. They are right now processing your case with an incorrect information about your category, and when they realize what your correct category is, and that a visa number won't be available for a few more years, they will stop. It's not about "changing" or "not changing" your marital status -- your marital status was already changed by the act of marriage. What category you belong to is determined by the facts, and not by whether you tell them or whether your spouse immigrates with you or not. Other than divorce, there is no way you can go back to the F1 category.

    Your under-21 unmarried children will be able to immigrate with you when you immigrate. If you remain married (which means you can only immigrate in F3 category), your spouse will be able to immigrate with you when you immigrate.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Isn't that funny that F3 takes longer than divorce, then obtaining an immigrant visa, then immigrating, then remarrying, then obtaining F2A for the spouse

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