family based 1st is current

[phalanichi]

Hi All,

My husband's parents(US citizens) had filed for him as unmarried son back in 2010. his priority date is current now. but my Father in Law passed away in 2014 and he was petitioner, and my husband got married to me in 2014.

What should we do next.

[newacct]

Hi All,

My husband's parents(US citizens) had filed for him as unmarried son back in 2010. his priority date is current now. but my Father in Law passed away in 2014 and he was petitioner, and my husband got married to me in 2014.

What should we do next.

Marrying would cause him to go from F1 category to F3, which just means a few more years of wait (looking at the current visa bulletin, F1 is 7+ years for most countries; whereas F3 is 12+ years).

However, the petitioner dying usually causes the petition to be denied/revoked, and it doesn't matter what category he's in if the petition is no longer valid. There are some cases where the petition can be reinstated after the petitioner's death: 1) section 204(l) reinstatement, which requires that a beneficiary was living in the US at the time of the petitioner's death, and continued to live in the US until now, or 2) humanitarian reinstatement, which requires that the petition was approved before the petitioner's death, and there are strong humanitarian reasons, e.g. the beneficiary's strong ties to the US.