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Posted

I have been reading up on the laws about who fits in what class of visa.

I know that a green card holder can petition a spouse, a child under 21 and a child over 21 who is not married but cannot petition a child over 21 who is married.

But what about a child over 21 who is not married.... any more...?

What about the child over 21 who has had their spouse die?

This child is technically not married.

Do they become eligible to be petitioned?

I cannot find any ruling on how this child is to be treated.

Does any one have any insight on how this would work?

thanks!

-Phil

kp7cnfvctuzu.png

Filed: Other Country: Philippines
Timeline
Posted (edited)

I believe that is called an F1 or F2 visa, here is a good place to start reading:

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

As for unmarried, doubt there is a difference regarding never married or having been married at one time. Unmarried simply means NOT married.

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

Posted (edited)

I agree with you but the child is not married... any more....

Nothing I have found places a time limit on the being married part.

Its kinda one of those things, you either are or you aren't...

I cannot find anything in the laws that address's this issue.

Edited by PhiLandShiR

kp7cnfvctuzu.png

Filed: Other Country: Philippines
Timeline
Posted

I agree with you but the child is not married... any more....

Nothing I have found places a time limit on the being married part.

Its kinda one of those things, you either are or you aren't...

I cannot find anything in the laws that address's this issue.

Honestly I don't thing there is an issue to address. Is he unmarried? Yes.

Best not to over think things when it comes to the government ;)

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted (edited)

as far as i know as per the USCIS rule. If the petition falls under f2b then the beneficiary of the petition should be unmarried all throughout the petition process. Was the child (21 above) petitioned as single? Because if you petition him under f2b for unmarried son above 21 then got married then the petition is automatically invalid.

Edited by choeychoco

F4 Aged Out Derivative Beneficiary

01/16/2014 : Mother Filed Petition under F2b

01/16/2014: Case Accepted and routed to the USCIS California Service Center for processing

06/20/2014: Case got approved, Case forwarded to National Visa Center

08/03/2014: NVC assigned case no. MNL

----------------

EB3-Philippines ( Employment Based Immigrant Visa)

01/27/2017: I-140 Filed thru Nebraska Service Center

07/24/2017: I-140 Approved

07/25/2017: Case sent to NVC

08/15/2017: NVC assigned case no.

05/07/2018: Visa Fee Bill 

05/28/2018: Documents Scanned Date

06/07/2018: Documentarily Qualified/ Case Complete

07/19/2018: Packet 4 (Interview Letter Received)

08/15/2018: Embassy Interview

08/28/2018: Visa Issued

10/05/2018: POE Chicago

Posted

The son/daughter would be considered unmarried and eligible for F2B. as stated in the previous post, they will need to remain unmarried throughout the entire process. the petitioner will need to have a copy of the death certificate of the son/daughter's spouse.

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

Posted

The son/daughter would be considered unmarried and eligible for F2B. as stated in the previous post, they will need to remain unmarried throughout the entire process. the petitioner will need to have a copy of the death certificate of the son/daughter's spouse.

This was the information I was looking for!

Thank You!

-Phil

kp7cnfvctuzu.png

 
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