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I130 maried daughter

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  • I130 maried daughter

    goodday,

    my parents are green card holders and have been in the USA for 4 years. I am 26. When my parents filed for i130 I wasn’t married. I got married last year. Can I still take up this opportunity with my husband if I receive the visa to come over?

  • #2
    If you married before your parent (the one that petitioned you) became a US citizen, your petition is dead and you cannot immigrate on it anymore, because there is no category for married children of permanent residents. If your parent becomes a citizen, he/she can petition you again; it will be in the F3 category (married child of citizen) and the priority date will be the date when that new petition is filed (i.e. the wait will start over again).

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

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