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  • US petition

    Hi Everyone,

    Good day!

    My wife's dad (who is a US citizen) field a petition for her last 9 years ago during the time that her marital status is "Single". As of the moment her I-130 was already approved by the US consulate but since her marital status was already changed to "Married" we do not have any idea what will happen to her current petition. I don't know if there's anyone in this group who has experienced the same thing. With this we would like to ask the following:

    1. Will her petition be revoked given that her marital status have already changed?
    2. If no, what will happen to her current petition? What are the process that she needs to undergo to update the consulate about her marital status?
    3. Will it have effect on her current priority in the US consulate? Or will the filing date change upon updating her marital status?
    4. Do we need to wait for more additional years prior we can get invitation for the US visa?
    5. Can we already file at the same time once we get an invitation?

    Appreciate your feedback.

    Thanks in advance!

    Regards,
    Jeck

  • #2
    Originally posted by jeckcastillo View Post
    Hi Everyone,

    Good day!

    My wife's dad (who is a US citizen) field a petition for her last 9 years ago during the time that her marital status is "Single". As of the moment her I-130 was already approved by the US consulate but since her marital status was already changed to "Married" we do not have any idea what will happen to her current petition. I don't know if there's anyone in this group who has experienced the same thing. With this we would like to ask the following:

    1. Will her petition be revoked given that her marital status have already changed?
    no

    Originally posted by jeckcastillo View Post
    2. If no, what will happen to her current petition? What are the process that she needs to undergo to update the consulate about her marital status?
    It will change category from F1 to F3. She should contact NVC or the consulate to update her marital status.

    Originally posted by jeckcastillo View Post
    3. Will it have effect on her current priority in the US consulate? Or will the filing date change upon updating her marital status?
    The priority date (the date the petition was filed) will not change

    Originally posted by jeckcastillo View Post
    4. Do we need to wait for more additional years prior we can get invitation for the US visa?
    Yes, because the wait for visa numbers in F3 is much longer than in F1

    Originally posted by jeckcastillo View Post
    5. Can we already file at the same time once we get an invitation?
    Not sure what this means. You can immigrate as her derivative beneficiary when she immigrates.

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

    Comment


    • #3
      Originally posted by newacct View Post
      no


      It will change category from F1 to F3. She should contact NVC or the consulate to update her marital status.


      The priority date (the date the petition was filed) will not change


      Yes, because the wait for visa numbers in F3 is much longer than in F3


      Not sure what this means. You can immigrate as her derivative beneficiary when she immigrates.
      Thanks for the response. Appreciate it a lot. Do you have any idea how many more additional years do we need to wait for visa category F3?

      Comment


      • #4
        Originally posted by jeckcastillo View Post
        Thanks for the response. Appreciate it a lot. Do you have any idea how many more additional years do we need to wait for visa category F3?
        Look at the visa bulletin. The wait for F1 is 7 years (longer for people born in Mexico or the Philippines). The wait for F3 is more than 12 years (longer for people born in Mexico or the Philippines).

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

        Comment

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