Petiton for married children

[robertwdalton 0]

Facts:

We have filled for a petition for a visa for our unmarried daughter and son, both of whom are over 21 years of age. The priority date is 02/07/2011. As of now my wife (mother of our son and daughter) has a conditional green card. We plan to file for her US citizenship as soon as we are eligible to do so. We understand that once my wife becomes a citizen we can update our status on our petition for our children and save a little time.

Questions:

Our daughter is thinking about getting married. We know that this will change her status and the time frame for her priority date. Our questions are; 1) will her husband and any children they may conceive, be able to travel with her once we update the petition from an unmarried chil to a married child?

2) Would it be a better idea to first have her come to the US as an unmarried child and then after she becomes a citizen (approx 5 years) file a K1 for her fiancée?

Any thoughts members might have on this will be greatly appreciated.

Robert and Mai

[YuAndDan 153]

1) Yes Spouse and Child will be derivitives, HOWEVER if the marriage happens before petitioning parent becomes a US Citizen, the pending petition will be considered to be void due to there not being a class for Married children of green-card holder, only class for married children of US Citizens.

2) Possibly of could come to the USA as an unmarried child, get LPR status, then return to home country, marry, and the file a petition of her then husband, (Spouse of a LPR) this may net a visa for spouse quicker than waiting 5+ years to file a fiancee visa petition.

[Dau Que 6]

If the children are over 21, STAY single (on paperwork. They can still have the relationship, just don't tie the knot). Only US citizen parents can sponsor married children. Once the children get to the States (in about 5 to 6 years, if nothing dramatic changes at the USCIS in the future), they can go back to VN and marry their S/O and start a new cycle again. By the time the parents are eligible for citizenship, the children's cases should be neck to neck timewise anyway.

I personally know someone who divorced the S/O to stay eligible for immigration sponsorship from the parent (and will intend to remarry later, which will raise the C/O's eyebrows for the spouse case Visa interview in the future). Learn from their mistake and avoid any future suspicion from the C/O.