petitioned as unmarried but married now

[xylide 2]

here is the case

my aunt was petitioned in 1993 under unmarried child over 21.. now that her case is at nvc and shes married, nvc is asking for her MC and BC of her kids,to change her status from unmarried to married..

she had 2 kids before marriage,the father of the kids is on the BC of the first child but not on the 2nd one..

what does she needs o provide from the father with the BC's?or she can just send the BC alone since she was not married to the father?

[vsmtghdy 2]

She will need to submit NSO copies of her MC and BC of all her kids. It won't matter if the father's name is written on the BC, what will matter is her name on the BC, as proof that those kids are hers. It would have been better if they had informed USCIS that there was a change in her status.

[xylide 2]

She will need to submit NSO copies of her MC and BC of all her kids. It won't matter if the father's name is written on the BC, what will matter is her name on the BC, as proof that those kids are hers. It would have been better if they had informed USCIS that there was a change in her status.

they didnt know that they should inform the USCIS..they jsut found out now and her case is at NVC already..

so just send the BC and its good?

[aaron2020 11,651]

She will need to submit NSO copies of her MC and BC of all her kids. It won't matter if the father's name is written on the BC, what will matter is her name on the BC, as proof that those kids are hers. It would have been better if they had informed USCIS that there was a change in her status.

they didnt know that they should inform the USCIS..they jsut found out now and her case is at NVC already..

so just send the BC and its good?

Unfortunately your aunt and her family will have to probably wait for another 7 years before they can immigrate. As you have mentioned, she is now married so she will be moved from the F1 category (US citizen petitioning for unmarried child) to the F3 category (US citizen petitioning for a married child). Those in the the F1 category from the Philippines with I-130 petitions filed before Aug. 1, 1993 are now eligible for visas. Those in the F3 category from the Philipppines with I-130 petitions filed before July 8, 1986 are eligible for visas. Right now your aunt will not qualify for a visa. She should send in her kids' BC and her MC, but the case will be put on hold for the next 7 years.

A beneficiary's category is determined when an immigration visa is available in a particular category. If the person's circumstances change (i.e. marriage), then they move to a different category and have a different wait time.

[xylide 2]

She will need to submit NSO copies of her MC and BC of all her kids. It won't matter if the father's name is written on the BC, what will matter is her name on the BC, as proof that those kids are hers. It would have been better if they had informed USCIS that there was a change in her status.

they didnt know that they should inform the USCIS..they jsut found out now and her case is at NVC already..

so just send the BC and its good?

Unfortunately your aunt and her family will have to probably wait for another 7 years before they can immigrate. As you have mentioned, she is now married so she will be moved from the F1 category (US citizen petitioning for unmarried child) to the F3 category (US citizen petitioning for a married child). Those in the the F1 category from the Philippines with I-130 petitions filed before Aug. 1, 1993 are now eligible for visas. Those in the F3 category from the Philipppines with I-130 petitions filed before July 8, 1986 are eligible for visas. Right now your aunt will not qualify for a visa. She should send in her kids' BC and her MC, but the case will be put on hold for the next 7 years.

A beneficiary's category is determined when an immigration visa is available in a particular category. If the person's circumstances change (i.e. marriage), then they move to a different category and have a different wait time.

oooo i see.. so even if her is at NVC now.. she will be moved to F3 category then her case will be put on hold until F3 visa is available for her?

but can she just continue her visa process now and get the F1 visa?

[aaron2020 11,651]

She will need to submit NSO copies of her MC and BC of all her kids. It won't matter if the father's name is written on the BC, what will matter is her name on the BC, as proof that those kids are hers. It would have been better if they had informed USCIS that there was a change in her status.

they didnt know that they should inform the USCIS..they jsut found out now and her case is at NVC already..

so just send the BC and its good?

Unfortunately your aunt and her family will have to probably wait for another 7 years before they can immigrate. As you have mentioned, she is now married so she will be moved from the F1 category (US citizen petitioning for unmarried child) to the F3 category (US citizen petitioning for a married child). Those in the the F1 category from the Philippines with I-130 petitions filed before Aug. 1, 1993 are now eligible for visas. Those in the F3 category from the Philipppines with I-130 petitions filed before July 8, 1986 are eligible for visas. Right now your aunt will not qualify for a visa. She should send in her kids' BC and her MC, but the case will be put on hold for the next 7 years.

A beneficiary's category is determined when an immigration visa is available in a particular category. If the person's circumstances change (i.e. marriage), then they move to a different category and have a different wait time.

oooo i see.. so even if her is at NVC now.. she will be moved to F3 category then her case will be put on hold until F3 visa is available for her?

but can she just continue her visa process now and get the F1 visa?

I don't know how the NVC will handle the processing that was started under the assumption that she was an F1 beneficiary. Your aunt is no longer in the F1 category so she will not continue as an F1 and will not get a visa now. 7 more years for her and her family to get visas.

[xylide 2]

She will need to submit NSO copies of her MC and BC of all her kids. It won't matter if the father's name is written on the BC, what will matter is her name on the BC, as proof that those kids are hers. It would have been better if they had informed USCIS that there was a change in her status.

they didnt know that they should inform the USCIS..they jsut found out now and her case is at NVC already..

so just send the BC and its good?

Unfortunately your aunt and her family will have to probably wait for another 7 years before they can immigrate. As you have mentioned, she is now married so she will be moved from the F1 category (US citizen petitioning for unmarried child) to the F3 category (US citizen petitioning for a married child). Those in the the F1 category from the Philippines with I-130 petitions filed before Aug. 1, 1993 are now eligible for visas. Those in the F3 category from the Philipppines with I-130 petitions filed before July 8, 1986 are eligible for visas. Right now your aunt will not qualify for a visa. She should send in her kids' BC and her MC, but the case will be put on hold for the next 7 years.

A beneficiary's category is determined when an immigration visa is available in a particular category. If the person's circumstances change (i.e. marriage), then they move to a different category and have a different wait time.

oooo i see.. so even if her is at NVC now.. she will be moved to F3 category then her case will be put on hold until F3 visa is available for her?

but can she just continue her visa process now and get the F1 visa?

I don't know how the NVC will handle the processing that was started under the assumption that she was an F1 beneficiary. Your aunt is no longer in the F1 category so she will not continue as an F1 and will not get a visa now. 7 more years for her and her family to get visas.

mmmmm okay so after 7 years and she is eligible for visa, will her family get visas too?

[aaron2020 11,651]

She will need to submit NSO copies of her MC and BC of all her kids. It won't matter if the father's name is written on the BC, what will matter is her name on the BC, as proof that those kids are hers. It would have been better if they had informed USCIS that there was a change in her status.

they didnt know that they should inform the USCIS..they jsut found out now and her case is at NVC already..

so just send the BC and its good?

Unfortunately your aunt and her family will have to probably wait for another 7 years before they can immigrate. As you have mentioned, she is now married so she will be moved from the F1 category (US citizen petitioning for unmarried child) to the F3 category (US citizen petitioning for a married child). Those in the the F1 category from the Philippines with I-130 petitions filed before Aug. 1, 1993 are now eligible for visas. Those in the F3 category from the Philipppines with I-130 petitions filed before July 8, 1986 are eligible for visas. Right now your aunt will not qualify for a visa. She should send in her kids' BC and her MC, but the case will be put on hold for the next 7 years.

A beneficiary's category is determined when an immigration visa is available in a particular category. If the person's circumstances change (i.e. marriage), then they move to a different category and have a different wait time.

oooo i see.. so even if her is at NVC now.. she will be moved to F3 category then her case will be put on hold until F3 visa is available for her?

but can she just continue her visa process now and get the F1 visa?

I don't know how the NVC will handle the processing that was started under the assumption that she was an F1 beneficiary. Your aunt is no longer in the F1 category so she will not continue as an F1 and will not get a visa now. 7 more years for her and her family to get visas.

mmmmm okay so after 7 years and she is eligible for visa, will her family get visas too?

Her husband and unmarried children under 21 years of age at the time that they are eligible for visas in the F3 category will be able to come to the US.