After upgrade can daughter over 21 get married?

[mugs 0]

Hi All,

My wife is an LPR who filed an I-130 for her daughter who is over 21 and unmarried. The case was approved and sent to the DOS. My wife is soon to become a citizen now and we know about the upgrade with the DOS from F2B to F1 so she is planning to do the upgrade. We know that doing that shortens the time period for a Visa # to become available.

Our question is: After the upgrade can her daughter get married? Or is the Visa # still just for a child over 21 and unmarried?

If she got married what would happen to the case?

Would it be cancelled or would it possibly be downgraded to a lower status but still active?

If cancelled would we have file a new I-130 with the INS?

Thanks for your help!

Mugs

[Darnell 8,478]

IMO, if the daughter gets married, the status is downgraded, somehow.

But, hang in there, do some more research, ah?

[aleful 1,905]

be sure that your wife becomes a USC, she cannot marry until her mother has the certificate of Naturalization.

if she does marry, she will change category from an F1, single child of a USC to category

F3, married children of a USC.

from what country is she? It depends where is she from to say if she has many more years of waiting or not.

[mugs 0]

be sure that your wife becomes a USC, she cannot marry until her mother has the certificate of Naturalization.

if she does marry, she will change category from an F1, single child of a USC to category

F3, married children of a USC.

from what country is she? It depends where is she from to say if she has many more years of waiting or not.

O.K. thanks. yes, she's Chinese so i guess I would see the times/waiting periods on the Visa bulletin right?

[aleful 1,905]

yep,

check the priority dates for China on the visa bulletin.

[Juangeil 0]

Hi. Everybody.

My girlfreind have the same case. his parent filled the petition about 10 years ago as a Resident, this month he become Citizen, so can change category

from Family Second Preference (F2) to Family First Preference (F1):

At the moment she already get " I-130 Receipt Notice"

So far ok.

We believe thet process is about to finish and maybe she will required to send more documents and have the interview appointment. but now we want to get marry so i can go whit her. Change category to Family Third Preference (F3):

The point is i am study on China and she is on Colombia, and difficult for my to travel to Colombia.

My question is how long do i have to get marry whit her. Being that fact that she already get " I-130 Receipt Notice" almost 4 months ago.

[mugs 0]

Hi. Everybody.

My girlfreind have the same case. his parent filled the petition about 10 years ago as a Resident, this month he become Citizen, so can change category

from Family Second Preference (F2) to Family First Preference (F1):

At the moment she already get " I-130 Receipt Notice"

So far ok.

We believe thet process is about to finish and maybe she will required to send more documents and have the interview appointment. but now we want to get marry so i can go whit her. Change category to Family Third Preference (F3):

The point is i am study on China and she is on Colombia, and difficult for my to travel to Colombia.

My question is how long do i have to get marry whit her. Being that fact that she already get " I-130 Receipt Notice" almost 4 months ago.

You know it's interesting (I'm the original poster), I think we have the same reasoning going on here. My wife's daughter realizes that if she got her category moved to F3 (because of marriage) then even though the wait period would be longer, upon getting the Visa her husband would be able to come with her right away as compared to going the CR1 (?) route which would make her husband wait for some time (not sure how long).

[aleful 1,905]

mugs,

he wouldn't be elegible for the CR1, because that's only for citizens, it would be conditional if they are married under 2 years, but as a LPR, if she decided to go that route, the wait is more than 5 years, so the spouse would be ir1, and have the 10 year GC, not the conditional 2 year GC.

I'm not sure how long is the wait for China, but the category she should look at is 2A, spouses of LPR. It would be best to marry and wait a few more years, but that's up to her.

[aleful 1,905]

juan,

I believe that you have a bigger problem, becuase if you marry, you don't even live in the same country. At some point very soon you have to live together and show proof of a bonafide marriage, and the interview will be in Colombia.

How much longer do you have to study in China? will you be able to live with your gf in Colombia?

[Juangeil 0]

juan,

I believe that you have a bigger problem, becuase if you marry, you don't even live in the same country. At some point very soon you have to live together and show proof of a bonafide marriage, and the interview will be in Colombia.

How much longer do you have to study in China? will you be able to live with your gf in Colombia?

I will graduated this June and i will go to Colombia.. But the point is on this 4 months maybe she can get some advantage on the process. I want we marry soon, but i have to finish here and then going to Colombia.