F2B from unmarried son to married then divorced

[hayam 8]

My mom filed for my brother on 01/2017 by green card and he got married on 2018 then divorced I think 2019 or 2020. My mom got citizens on 9/2024

On 11/18/25 we got message from NVC to go online and pay fee and send all documents. We paid for AOS and IV packet then I'm afraid should my brother state he is "SINGLE" or "DIVORCED then send divorce document?!!

We notified them that my mom got citizens this week and wants the case to stay under F2B and are looking for her citizens document which I haven't sent yet.

Please help if someone had same case and still got approved.

Edited 22 hours ago by hayam

[Boiler 48,300]

The first I 130 died when he married

 

Has she filed a new petition

[hayam 8]

Nope. But it says unmarried and technically he is unmarried since 2019 before he gets approved.

Now we are finishing the process of NVC and paid all the fees of AOS and IV Packet.

[Boiler 48,300]

LPRs can’t petition married children

 

She could have refiled as soon as he divorced.

[JeanneAdil 7,367]

11 minutes ago, hayam said:

Nope. But it says unmarried and technically he is unmarried since 2019 before he gets approved.

Now we are finishing the process of NVC and paid all the fees of AOS and IV Packet.

He had to stay unmarried thru the entire process of that petition

she should have notified USCIS when he married 

If he tries to continue now ,  he would have to send proof of marriage and divorce and that would disastrous 

the petition now is revoked and he has to be honest with immigration or face a lifetime ban for not telling truth

 

Mom needs to cancel petition and she can do new one 

but do not continue with this one

[hayam 8]

7 minutes ago, JeanneAdil said:

He had to stay unmarried thru the entire process of that petition

she should have notified USCIS when he married 

If he tries to continue now ,  he would have to send proof of marriage and divorce and that would disastrous 

the petition now is revoked and he has to be honest with immigration or face a lifetime ban for not telling truth

 

Mom needs to cancel petition and she can do new one 

but do not continue with this one

I'm confused, you said if he tries to continue now, he needs to send proof of divorce, he can do that with no problem. But then you said we need to cancel petition and start new one.

This is so frustrating for us that went that far and this happens. Not sure if anyone here had same case but still got approved.

[Boiler 48,300]

There is no case to approve

[JeanneAdil 7,367]

28 minutes ago, hayam said:

I'm confused, you said if he tries to continue now, he needs to send proof of divorce, he can do that with no problem. But then you said we need to cancel petition and start new one.

This is so frustrating for us that went that far and this happens. Not sure if anyone here had same case but still got approved.

i said "if he tries"  the petition will be revoked and he's lying to immigration

 

the embassy does check with Rabi and knows when we marry in Moroc/  he can not continue as "if he tries"   he faces a lifetime ban 

 

He should not do the ds 260 as declairing the marriage and divorce revokes the petition as he did not remain single

mom needs to cancel the petition 

 

from All Law

 

https://www.alllaw.com/articles/nolo/us-immigration/why-children-must-remain-unmarried-until-green-card-approval.html

 

If you are the unmarried son or daughter of a permanent resident or a U.S. citizen, and you plan to immigrate to the United States as that person's beneficiary, you must not marry before completing the process of getting a green card (U.S. lawful permanent residence). Too many young people have gotten married thinking their new spouse could also come to the U.S., and thereby destroyed their own eligibility for the U.S. visa.

 

[Boiler 48,300]

She needs to file an I 130 asap

[JeanneAdil 7,367]

understand that the petitioner status can change from LPR to USC 

but the status of the bene can not as explained in the rules 

 

The Department of Homeland Security (DHS) has the authority to verify any information you submit to establish eligibility for the immigration benefit you are seeking at any time. USCIS’ legal authority to verify this information is in 8 U.S.C. sections 1103, 1155, and 1184, and 8 CFR Parts 103, 204, 205, and 214. To ensure compliance with applicable laws and authorities, USCIS may verify information before or after your case is decided.

 

even if single when filing the I 130, he is not single now/  she needs to file for F1 divorced son of USC

[appleblossom 5,452]

9 hours ago, hayam said:

My mom filed for my brother on 01/2017 by green card and he got married on 2018

 

As the others have said, the moment he did that the petition was no longer valid. It doesn't matter that he subsequently divorced, she needs to file for him again. See the below from this webpage - https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5

 

"The following circumstances generally trigger automatic revocation of a family-based immigrant petition:

• Termination of an alien beneficiary’s registration for an available visa by DOS;
• Written notice of withdrawal by the petitioner (or self-petitioner);
• Death of the alien beneficiary or self-petitioner;
• Death of the petitioner;
• Legal termination of a marriage that is the basis of the petition;
• Marriage of the son or daughter of a lawful permanent resident (LPR); or
• Legal termination of a petitioner’s LPR status, other than through naturalization.

 

Under each of these grounds, the revocation is automatically triggered by the circumstance’s occurrence regardless of whether USCIS is aware of the circumstance. 

 

For example, if a beneficiary of an approved petition as the unmarried son or daughter of an LPR marries before immigrating or adjusting status, the event of the marriage triggers the automatic revocation. Since the petition’s approval is automatically revoked as of the date of approval, it does not become valid again if the marriage of the beneficiary is terminated through divorce or death of the beneficiary’s spouse."

 

Edited 12 hours ago by appleblossom