Mother's petition for unmarried son who is now married

[fpvt2 0]

In 2000 my mother, who is a green card holder, petitioned for my brother who was unmarried at that time. My brother got married in 2003.

Today we received the following letters from the National Visa Center :

1. my mother (the petitioner) received the "Affidavit of Support (AOS) Fee Bill" that she will need to return to the National Visa Center.

2. NVC also sent form DS-3032 (Choice of Address and Agent) to my brother

My question is, since my brother has married since the my mother petitioned for him, is this case still valid ? Shall we not return the "Affidavit of Support (AOS) Fee Bill" and DS-3032 ?

Thank you very much for your help

[JayVee 0]

Hello!!! You need to inform them regarding your brother's change of status and i know a very good friend of mine who had the same case as your brother and they filed another petition after he got married...I hope i help you answer your question...Goodluck and GODBLESS!!!

[fpvt2 0]

Hello!!! You need to inform them regarding your brother's change of status and i know a very good friend of mine who had the same case as your brother and they filed another petition after he got married...I hope i help you answer your question...Goodluck and GODBLESS!!!

Thank you for your reply.

>they filed another petition after he got married

Did you mean the current case (mom petitioned unmarried son) is no longer valid, and a new petition needs to be filed for my brother (for example, petition by me (a US citizen) to my brother ?)

So, what do we do with the current case "Affidavit of Support (AOS) Fee Bill" and DS-3032 (Choice of Address and Agent) form ? Shall we not return them ?

Thank you again

[diadromous mermaid 36]

In 2000 my mother, who is a green card holder, petitioned for my brother who was unmarried at that time. My brother got married in 2003.

Today we received the following letters from the National Visa Center :

1. my mother (the petitioner) received the "Affidavit of Support (AOS) Fee Bill" that she will need to return to the National Visa Center.

2. NVC also sent form DS-3032 (Choice of Address and Agent) to my brother

My question is, since my brother has married since the my mother petitioned for him, is this case still valid ? Shall we not return the "Affidavit of Support (AOS) Fee Bill" and DS-3032 ?

Thank you very much for your help

The son is no longer eligible. Mother must naturalise and petition the married son as a third prefernce beneficiary.

[fpvt2 0]

>The son is no longer eligible. Mother must naturalise and petition the married son as a third prefernce beneficiary.

Thank you for your reply.

1. So, shall we not return "Affidavit of Support (AOS) Fee Bill" and DS-3032 (Choice of Address and Agent) form ? Shall we return to them a letter mentioning about my brother's status change ?

2. Should I email NVC (they gave us an email address if we have a question about the case) and tell them about the status change ?

Thank you

[Mononoke28 134]

Yes, the current petition has no validity whatsover and your mother will now have to become a US citizen to petition him because as per the I-130 instructions a legal permanent resident can ONLY file for a: husband or wife, an unmarried child under 21 and/or unmarried son/daughter 21 or older. Him getting married made the current petition invalid.

Diana

Edited June 9, 2008 by Mononoke28

[aaron2020 11,651]

Another option: Divorce

If your brother was to divorce his wife, the petition would still be good. He can always get remarried after he gets his greencard.

[fpvt2 0]

Thank you everybody for your replies.

I, a US citizen, also petitioned for my brother in 2000. So, although the case from my petition is not current, but it is still valid. So, we will wait for this petition to be current.

In the meantime, I called NVC regarding my mom's peitition and they told me to send a copy of my brother's marriage license to them, and do not send the AOS fee bill and form DS 3032 back to them.

Thanks again.