My Mother has filed an I-130 petition for me

My Mother has filed an I-130 petition for me when she was a Permanent Resident (Green Card holder). I got married before she gets her citizenship. Is that petition still valid which she has filed for me?

QUESTION: Hello, My name is Raman Patel and I belong to India. My mother has filed an I-130 immigrant petition for me under the family-based class (F2b) in 2014. I was not aware of USCIS immigration rules. I got married in 2015. My Mother has become a citizen in 2016. Currently, I got to know that according to the immigration rules, I should not have got married until my mother becomes a citizen. Is there any chance for me to get a visa under the F3 category using that same petition which my mother has filed for me in 2014?

F4ADVISOR: Extremely sorry, under USCIS’s current interpretation of the law, once you married your petition automatically became revoked, because it isn’t possible for the United States Permanent Resident (green card holder) to petition for a married son. Your Mother must file a new petition for you under the F3 Family Based green card category.



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