Critical Situation

[adnanapu777 2]

Dear Everyone

Actually I am writing on behalf of my friend. Please she needs advice if someone have faced same situation.

Friend's mother filed I-130 for her (friend) while she was single [around 2007]. In the mean time, she get married and

gave birth a child. The problem is she did not inform USCIS or NVC the marital status.

The papers has processed according to the normal way and this month she got the a letter from US embassy to contact

for interview.

But she dont wanna move without her husband and child. Please advise me what could be the best way out for this situation?

Best regards

[Boiler 45,651]

Assuming her Mother was a Citizen at the time she will have a few more years to wait.

[adnanapu777 2]

Here mother is an USC. I would like to know how she should respond to interview letter that she received from US consulate? Where she should inform the marital status?

[Boiler 45,651]

What was she when the application was filed?

[adnanapu777 2]

Her mother filed I-130 in 2007 and approved it 2008 . NVC transferred the case to consulate on 2014 and got an letter for interview on march 2014 (I think)

Edited April 28, 2014 by adnanapu777

[aaron2020 11,651]

Did she get marry before her mother became a USC?

[Boiler 45,651]

When did her Mother become a USC?

[adnanapu777 2]

I amend some information.

Her mother got CG on 2007

Submit I-130 on 2007

Married on 2010

Interview later on 2014.

[Boiler 45,651]

So her Mother would need to file again as the original visa application was voided when she married.

[bobototokoko 0]

as of now the existing application is void thats because the visa type that her mother applied to her daughter was F2B unmarried sons and daughters over 21 so when she got married it became void.....unfortunately GC holders are unable to petition for married sons and daughters, only US Citizens can.......so if the mother is a US citizen she can petition for her married daughter under F3 visa category and the current wait time is over 11 years ...even though that seems like a long time one must still apply since you never know how the immigration policies and laws play out and one can also think of it as a solid future plan for the family.

if the mother still holds the GC then she must obtain her US Citizenship before she can apply for her daughter.

laters

[pushbrk 12,968]

Dear Everyone

Actually I am writing on behalf of my friend. Please she needs advice if someone have faced same situation.

Friend's mother filed I-130 for her (friend) while she was single [around 2007]. In the mean time, she get married and

gave birth a child. The problem is she did not inform USCIS or NVC the marital status.

The papers has processed according to the normal way and this month she got the a letter from US embassy to contact

for interview.

But she dont wanna move without her husband and child. Please advise me what could be the best way out for this situation?

Best regards

I had some difficulty following the complicated use of pronouns but if I understand correctly, a mother who was, at the time, an LPR, filed a petition for her unmarried daughter. The daughter, since married. If so, the marriage voided the process begun by the I-130 filing regardless of when the mother became a US citizen. The mother can begin a new process, but the visa preference category has changed in a way that will cause the process to be quite long. Looks like it's time to reconsider whether the daughter and family will immigrate. This is not a CR1 or IR1 case though.

[aaron2020 11,651]

If the daughter got married when mom was an LPR, then there is no case because an LPR can never have a case for a married child.

If the daughter got married after mom became a USC, then the case can be continued in the F3 category.

[Antiseir 6]

as of now the existing application is void thats because the visa type that her mother applied to her daughter was F2B unmarried sons and daughters over 21 so when she got married it became void.....unfortunately GC holders are unable to petition for married sons and daughters, only US Citizens can.......so if the mother is a US citizen she can petition for her married daughter under F3 visa category and the current wait time is over 11 years ...even though that seems like a long time one must still apply since you never know how the immigration policies and laws play out and one can also think of it as a solid future plan for the family.

if the mother still holds the GC then she must obtain her US Citizenship before she can apply for her daughter.

laters

I know a green card holder who applied for his daughter and children and now she is in America. So green card holders can apply for married children over 21.

[aaron2020 11,651]

I know a green card holder who applied for his daughter and children and now she is in America. So green card holders can apply for married children over 21.

You got your information wrong.

Green card holders CAN NOT apply for married children. READ THE I-130 INSTRUCTIONS!

[belinda63 3,038]

You said he applied for his daughter and her children with no mention of a husband. You make the assumption she married. Not necessary to have a spouse to have a child. Not even necessary to have sex.

To the OP. If she married prior to her mother receiving her certificate of naturalization her petition is dead and they have to start over.

If she married after her mother became a USC she needs to notify the embassy of this so her category can be changed.