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Getting Married and Subsequently Divorced During the F1 Petition on File

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  • Getting Married and Subsequently Divorced During the F1 Petition on File

    Hello everyone,

    My dad filed for my sister's F1 (Unmarried Daughter of US Citizen) in January 2011. In September 2011, she got married but unfortunately she got divorced in 2013. We did not notify the consulate of either her marriage or divorce. Now the priority date for her petition just became current and we are in the process of submitting the DS260 and affidavit of support.

    I would like to know if the consulate will change her petition's category from F1 to F3 and then revert back to F1 again due her divorce. Will this cause any changes in the priority date or any delays in processing? Are there any issues that we should expect?

    Any help on this topic will be greatly appreciated! Thanks in advance!

  • #2
    The priority date doesn't change. The category theoretically changed from F1 to F3 and back to F1. Which means she really is current now (since that was based on F1) and submitting it now is correct. She would need to include information about her marriage and termination of her marriage when she applies for the visa.

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

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    • #3
      Originally posted by newacct View Post
      The priority date doesn't change. The category theoretically changed from F1 to F3 and back to F1. Which means she really is current now (since that was based on F1) and submitting it now is correct. She would need to include information about her marriage and termination of her marriage when she applies for the visa.
      Thanks so much for your response! That is definitely reassuring.

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      • #4
        Originally posted by naziasidd View Post
        Hello everyone,

        My dad filed for my sister's F1 (Unmarried Daughter of US Citizen) in January 2011. In September 2011, she got married but unfortunately she got divorced in 2013. We did not notify the consulate of either her marriage or divorce. Now the priority date for her petition just became current and we are in the process of submitting the DS260 and affidavit of support.

        I would like to know if the consulate will change her petition's category from F1 to F3 and then revert back to F1 again due her divorce. Will this cause any changes in the priority date or any delays in processing? Are there any issues that we should expect?

        Any help on this topic will be greatly appreciated! Thanks in advance!
        Hi again! Has anyone been in a similar situation, or know of someone who has? Would love to hear if you encountered any issues.

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        • #5
          derivative beneficiary got married but unfortunately he got divorced

          Hello everyone,

          My Grand dad filed for my Mom's F3 (Married Daughter of US Citizen) in Sep 2005. In Jan 2017, my brother(grand son of ) derivative beneficiary got married but unfortunately he got divorced in March 2017. We did not notify the consulate of either her marriage or divorce. Now the priority date for her petition just became current and we are in the process of submitting the DS260 and affidavit of support. we got invoice number for him.

          he is 25 years old now. going to turn 26 year in a month. his file was pending 5 years when the petition filed.

          I would like to know if the consulate will change her petition's category when my parents will get green card due to his divorce? or his file revert back to F3 again due his divorce. Will this cause any changes in the priority date or any delays in processing? Are there any issues that we should expect?

          Any help on this topic will be greatly appreciated! Thanks in advance!

          Comment

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