Son got married and wants to immigrate by himself only

[bulls2020]

Hello all,

I filled out DS-230 form for my son.

When I applied for immigration for my son, he was single. But a couple years ago he got married and now has two kids. We did not change his status.

On it for line 31A and B i put that my son only wants to immigrate now and his wife and kids would like to immigrate later.

My son does want to bring his wife and kids to the U.S. but not at the moment with him. After he gets his greencard and gets settled in the U.S., that is when he wants to apply for immigration for his wife and kids.

So my question is that will NVC allow only my son to immigrate or will they change his status and say that he has to immigrate with his children and wife?
Because even if he does come with his wife and kids I will not have enough income to sponsor them all.
So I wanted to know if NVC will allow only my son to immigrate at this time and later when he gets settle in the USA he can apply for his children and wife.

Your experience and help is much appreciated.

[pike]

The truth is always the best way to go .With the truth he will be downgraded to the F3 category.

[bulls2020]

The truth is always the best way to go .With the truth he will be downgraded to the F3 category.

So when he is downgraded to F3 category, what will happen? Can he immigrate by himself or will he have to immigrate with his family

[daru786]

So when he is downgraded to F3 category, what will happen? Can he immigrate by himself or will he have to immigrate with his family

No, your son will not be able to immigrate till his priority date under F-3 is current. Honesty is the best policy and lying would get your application revoked.

Good Luck!

[pike]

@ bulls2020 ...he will immigrate with his wife and kids under the F3 category.This category is for married sons/daughters of U.S citizens.( I am assuming you are a citizen already.)

[bulls2020]

@ bulls2020 ...he will immigrate with his wife and kids under the F3 category.This category is for married sons/daughters of U.S citizens.( I am assuming you are a citizen already.)

Hey Pike and everyone,
No I am not a US citizen, I am a Greencard holder.

So my only concern is:
1) Will he have to immigrate to US with his family or can he immigrate alone by himself. (He prefers to immigrate himself)
2) The NVC has asked for his civil documents (ds230, birth certificates...all that stuff, we have already paid the Visa fees and submitted I 864), so since he hasn't claimed yet to NVC that he is married with children (because we haven't sent the DS230 to show that) and his catagory will change to F3, what will happen to his process? Will it delay his interview?

Your help is much appreciated

[lionslayer611]

I believe you can not file a petition for a married son if you're not US citizen. The moment your son got married the petition dies with it. So what you must do is to file again the petition when you get your citizenship. He should have remained single.

[pike]

Yes lionslayer611 is correct.

I would also think that at the time of his interview they will ask basic questions (also on your forms). Are your married? Do you have children? To which if he replies NO..then when he does decide to file for his family marriage and birth certificates will clearly show that wife and kids did exist at the time he had his interview which is now and that he had lied.(Unless he is not legally married so no marriage certificate exists)

To do things the right way you most probably will have to sponser him again when you become a citizen. If your son is really interested in immigrating to the USA then don't delay filing for him as ASAP.(When you have your citizenship)

[bulls2020]

Yes lionslayer611 is correct.

I would also think that at the time of his interview they will ask basic questions (also on your forms). Are your married? Do you have children? To which if he replies NO..then when he does decide to file for his family marriage and birth certificates will clearly show that wife and kids did exist at the time he had his interview which is now and that he had lied.(Unless he is not legally married so no marriage certificate exists)

To do things the right way you most probably will have to sponser him again when you become a citizen. If your son is really interested in immigrating to the USA then don't delay filing for him as ASAP.(When you have your citizenship)

Hey pike
I never intended to lie about anything about my son.
His priority date is 2003
So what you are saying is that even if I send the Ds230 and his civil documents the case will be rejected because he is married?
and since I have a greencard i cannot immigrate just my son to the USA?
I applied for my son BEFORE he got married. he got married around 06'

Marriage is a natural thing, so I am a bit confused that if u get married your case will get canceled.

Your help is appreciated.
Thanks

[pike]

Best thing for you to do is go ahead with your original plans.(send in the DS230 and civil docs.) Maybe things will work out the way you want it to. Nobody knows for sure what will happen. Since you have no intention of lying about anything about your son then there should be no problem . I guess NVC will advise you as you go along the process.

Good Luck