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Bring doughter in USA over 21

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  • Bring doughter in USA over 21

    This is my story. I applied for my doughter to come in USA in 2008 when I was a green card holder. The was an F2B. In January 2014 she got married and I become US citizen in July of that year. Immediately I sent USCIS citizenship copy and her marriage certification and they downgraded her visa to F3 was was ok. Later I learned that if doughter over 21 gets married and the petitioner is not a US citizen (which I wasn?t in the date of the marriage) her visa application gets voided but this didn?t happen with us. When we sent her marriage certificate along with citizenship proof they didn?t say anything and they kept the same priority date which was 2008. How does this work? Her visa process is still going and her priority date is 2008. Will there be any issue?

  • #2
    Originally posted by ClydeMI View Post
    This is my story. I applied for my doughter to come in USA in 2008 when I was a green card holder. The was an F2B. In January 2014 she got married and I become US citizen in July of that year. Immediately I sent USCIS citizenship copy and her marriage certification and they downgraded her visa to F3 was was ok. Later I learned that if doughter over 21 gets married and the petitioner is not a US citizen (which I wasn?t in the date of the marriage) her visa application gets voided but this didn?t happen with us. When we sent her marriage certificate along with citizenship proof they didn?t say anything and they kept the same priority date which was 2008. How does this work? Her visa process is still going and her priority date is 2008. Will there be any issue?
    They made a mistake. That petition is dead and she cannot immigrate on it. They will probably deny it once they look at it more closely, but even in the unlikely case they keep making mistakes and gives her an immigrant visa and she enters as a permanent resident, they can still deport her at any time afterwards on finding that it was given in error.

    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
      They made a mistake. That petition is dead and she cannot immigrate on it. They will probably deny it once they look at it more closely, but even in the unlikely case they keep making mistakes and gives her an immigrant visa and she enters as a permanent resident, they can still deport her at any time afterwards on finding that it was given in error.
      Thanks for the follow up. She is immigrating with her husband in F3 category. We already sent them the marrriage certificate and they didn?t say if anything was wrong. They can see the marriage date. I?m not sure if there is a ?virtual? period the allowed that since when we changed her visa category I was a US citizen. They said the priority date will not change and all documents are ok. I just want to know if somebody had the same experience.

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      • #4
        Originally posted by ClydeMI View Post
        Thanks for the follow up. She is immigrating with her husband in F3 category. We already sent them the marrriage certificate and they didn?t say if anything was wrong. They can see the marriage date. I?m not sure if there is a ?virtual? period the allowed that since when we changed her visa category I was a US citizen. They said the priority date will not change and all documents are ok. I just want to know if somebody had the same experience.
        Nope. Court rulings have repeatedly stated that a person must have a valid category at all times.

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

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        • #5
          Don't want to high jack this thread but i have a question similar to this. If my wife sponsors her mother here permanently even though her siblings are married 10 years ago out of state, the only way to bring her siblings over here is through sibling sponsorship right? this will probably take more than 12 yrs and really can't rely on her mom to passing the naturalization certificate with no english skill. I wish they would revised the parent sponsoring kids to married or unmarried children of both LPR or Citizen but make the citizen path faster. Parent sponsoring married kids is faster than sibling sponsoring sibling 8 vs 12 yrs.

          no parent should ever have to tell their kids if you want to come to us, then don' get married otherwise i can't sponsor you as a LPR. To me, that is a flaw in our immigration system.

          Thanks.

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          • #6
            Parent sponsorization takes also around 12 years for married children. For brother/sister is around 13 years

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