Filled for her daughter when she was unmarried but now she is married

[rooji 25]

Hello,

 

I am writing this to find out information and help for my mother-in-law, who is a green card holder at the moment but next year she will be applying for her citizenship. When my mother-in-law applied for her youngest daughter, who was over 21 at the time and was not married at the time, she was hoping for her visa approval within 5 years (which I told her was not possible). But while she applied for her, she was also looking for a suitable person for her marriage and then a year ago, my sister-in-law did get married and has a kid now. However, due to pandemic and everything else we kind of forgot about her petition with uscis. I know that the petition is still pending and I know she has to withdraw the petition because her daughter is married now. But here's my question: next year my MIL will be filing for her us citizen, should we leave her daughter's petition in the system or should we request for a withdrawal? I mean what is the best option? She just wants her daughter to come visit her from time to time and I am not sure if her daughter will ever get a visit visa because in the past she got denial on the visit visa 2 times.

 

Should my MIL leave her daughter's petition in the system until she gets her citizenship and then change the status of her daughter's petition or should she completely withdraw now and then apply again once she gets citizenship?

 

Thanks

Rooj

[Timona 4,207]

That petition was gone as soon as she married. It will not be reinstated and "continued" just because your MIL became USC.

You have to file new petition and start a fresh when MIL becomes citizen

[SusieQQQ 11,586]

@Timonais correct. As there is no category for married child of green card holder, the petition voided as soon as the daughter got married. It makes no difference if she now divorced or if the mother becomes a citizen, the petition is already voided. So the mom should withdraw it from uscis stating the daughter is no longer eligible due to marriage. When the mom becomes a citizen she can file an F3 petition for the daughter. 

[rooji 25]

Thank you so much for the information you guys.