U.S. Immigration Advisor
MY MOTHER HAS FILED AN I-130 PETITION FOR ME WHEN SHE WAS A PERMANENET RESIDENT (GREEN CARD HOLDER). I GOT MARRIED BEFORE SHE GETS HER CITIZENSHIP , IS THAT PETITION STILL VALID WHICH SHE HAS FILED UNDER F2B 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 had filed for me in 2014?
The Immigration Advisor - Samar: 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 has to file a new petition for you under the F3 Family Based green card category.