Questions about F2A and F2B classes.

[PhiLandShiR 18]

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

[Hank_ 9,171]

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 April 1, 2014 by Hank_

[PhiLandShiR 18]

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 April 1, 2014 by PhiLandShiR

[Hank_ 9,171]

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

[choeychoco 19]

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 April 3, 2014 by choeychoco

[sunandmoon 450]

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.

[PhiLandShiR 18]

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