upgrade from LPR to Citizenship for married son

[Midlands2010]

Dear readers,

My mum filed petition (I-130) in May 2006 as a green card (LPR) holder when I was over 21 and unmarried at the time. The petition is approved in 2009. I didn't know I should stay as single until I get greencard, I got married in 2008. My mum recently got citizenship in 2011. can we upgrade the case from greencard to citizenship even though I got married?

Infact i am now naturalised as a British citizen recently and at the time my mom filed my I-130 (and while it was approved)i was an Indian national. Does this makes any difference?

all advice would be greatly appreciated.

[Midlands2010]

Please advise what course of action can be taken?

Many thanks in advance.

[dhira_98]

upgrade from LPR to Citizenship for married son

Since you got married before your mother got citizenship, your petition will be revoked if you notify Nation Visa Center(NVC) about your marital status. If you don't tell about your marital status, you can convert it F1 and NVC will process as F1 but US consulate will nail you at the interview time.

Now Let's say, You were engaged in 2008 and you will marry after your mother became US citizen in 2011, then you can convert it to F1 from F2B and then F1 to F3 after your marriage.

[Midlands2010]

Since you got married before your mother got citizenship, your petition will be revoked if you notify Nation Visa Center(NVC) about your marital status. If you don't tell about your marital status, you can convert it F1 and NVC will process as F1 but US consulate will nail you at the interview time.

Now Let's say, You were engaged in 2008 and you will marry after your mother became US citizen in 2011, then you can convert it to F1 from F2B and then F1 to F3 after your marriage.

Now you are giving me some IDEAS !.. However when my wife got B1/B2 with US Consulate in UK in 2008, we disclosed her status as married on DS156 form. Would USICS or NVC have methods of knowing i was married and not engaged based on this? I am thinking of asking NVC if my status can be converted to F3 from F2B just by telling my petitioner is now USC but i am now married.
??

[dhira_98]

upgrade from LPR to Citizenship for married son

In order to convert from F2B to F3, you need to send your marriage certificate and copy of certificate of citizenship to NVC or USICS. That will hit a dead end. I don't know if they will have your wife's record.

[Midlands2010]

In order to convert from F2B to F3, you need to send your marriage certificate and copy of certificate of citizenship to NVC or USICS. That will hit a dead end. I don't know if they will have your wife's record.

Fully agree. however my Marriage certificate would be dated in 2008 and my certificate of citizenship wouldbe in 2011. Would NVC consider such dates to convert F2B to F3 ?
Or because the marriage date is before my mum obtaining citizenship they will close my old file and advise me to file a new I-130?

Any and all advise welcome

thanks in advance

[mehta_agm1979]

Fully agree. however my Marriage certificate would be dated in 2008 and my certificate of citizenship wouldbe in 2011. Would NVC consider such dates to convert F2B to F3 ?
Or because the marriage date is before my mum obtaining citizenship they will close my old file and advise me to file a new I-130?

Any and all advise welcome

thanks in advance

Hi. Your F2b petition will be cancelled. Your mom will have to re file under f3 category.
You will have to wait another few years after your f3 petition becomes current. You shud not lie as they have all your records. (Based on your wife’s b1b2 data, they can also track your case.) It will be difficult for her to immigrate in future..as they will see what Greencard category you went on..and potentially realise that you lied that you were unmarried.
It would have been still workable if your wife didnt aply for a b1b2 visa..but honestly you are not the first case like this..there are many like you and they can easily track this once they start entering data into their systems. Better refile for f3 and wait till it becomes current.
My cousin brother was in same situation and his f2b case got cancelled. They asked my aunt to file for f3 freshly.

[Midlands2010]

Hi. Your F2b petition will be cancelled. Your mom will have to re file under f3 category.
You will have to wait another few years after your f3 petition becomes current. You shud not lie as they have all your records. (Based on your wife’s b1b2 data, they can also track your case.) It will be difficult for her to immigrate in future..as they will see what Greencard category you went on..and potentially realise that you lied that you were unmarried.
It would have been still workable if your wife didnt aply for a b1b2 visa..but honestly you are not the first case like this..there are many like you and they can easily track this once they start entering data into their systems. Better refile for f3 and wait till it becomes current.
My cousin brother was in same situation and his f2b case got cancelled. They asked my aunt to file for f3 freshly.

My US Citizen mother applied for a Fresh F3 in 2011 and the F2B got cancelled. They did not retain my original priority date of the F2B petition and hence now my priority date for F3 has gone up by 4 years (
Is there any way to convince USCIS to retain originally priority date for the F2B petition?

Many thanks !

PS : Fortunately, I (beneficiary) also moved to US on L-1 work visa in 2011 with my employer and currently stay with my USC petitioner ( mum)