Family based migration

[sealleone 0]

My uncle filed for mum in 2005, petition was approved this month 2019 and the link to pay and continue with other processing is available. My name is on the list as a child of the principal applicant. I was 20 at the time. Now I am 34, married to a US citizen but have not filed for adjustment of status. I am currently a medical student in the US. Can some please tell me if have a chance of getting a green card going with the mum deal or filing based in marriage

[Crazy Cat 39,151]

How did you enter the US?

[sealleone 0]

3 minutes ago, missileman said:

How did you enter the US?

F1 visa

 

[payxibka 10,044]

I think your marriage takes away your eligibility

[sealleone 0]

Just now, payxibka said:

I think your marriage takes away your eligibility

Is there a reference to that anywhere on the uscis website?

[payxibka 10,044]

15 minutes ago, sealleone said:

Is there a reference to that anywhere on the uscis website?

You are out based on both age and marital status

 

Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children.

 

A minor child is defined as both unmarried and under 21.  If a "child" marries before the age of 21 they are redefined as a son or daughter

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

[sealleone 0]

8 minutes ago, payxibka said:

You are out based on both age and marital status

 

Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children.

 

A minor child is defined as both unmarried and under 21.  If a "child" marries before the age of 21 they are redefined as a son or daughter

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

Thank you

[sealleone 0]

9 minutes ago, payxibka said:

You are out based on both age and marital status

 

Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children.

 

A minor child is defined as both unmarried and under 21.  If a "child" marries before the age of 21 they are redefined as a son or daughter

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

[milimelo 4,165]

4 minutes ago, sealleone said:

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

Seriously? You don’t qualify through F4 as over 21 and married. 

Should count your lucky stars you can AOS  through your USC spouse. 

[SusieQQQ 11,584]

28 minutes ago, sealleone said:

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

If you’ve overstayed your F1 visa that alone would make you ineligible to AOS via F4. 

 

The guidelines on who is eligible as a derivative are clearly stated in a number of places on the USCIS website; I understand it’s the responsibility of applicants to confirm they’re eligible before proceeding? (Btw did you or your petitioner inform USCIS you were married?)

[SusieQQQ 11,584]

Sorry disregard above about overstaying, I misread on my phone, rest of it stands though. You must have known though even at the time your uncle filed that you’d age out as you were already 20 years old at time of filing?

[Going through 5,668]

15 hours ago, sealleone said:

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

USCIS can't control your uncle applying right before you turned 21 (and likely to age out), or control you getting married (and then becoming ineligible as a result).

 

Thankfully, you still have another legal route to AOS.

[aaron2020 11,651]

17 hours ago, sealleone said:

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

You were never ask to pay for anything.

 

Your uncle paid the I-130 fee for your mom.  That was the only fee.  

 

You were a 20 years old derivative beneficiary when the I-130 was filed.  There was no way that you weren't going to age out when you turn 21.  

[EM_Vandaveer 2,364]

Just file AOS through your husband.