Could my mother-in-law, a permanent resident, file an I-130 for her married son?
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Could my mother-in-law, a permanent resident, file an I-130 for her married son?
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She filed the visa petition while he was still unmarried, approval for the petition came 2 months ago, but he is now married. Should she spend 400.00 dollars to continue the process or will it be wasted by the fact he got married.
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Fred S
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The approval of a petition or self-petition made under section 204 of the Act is revoked as of the date of approval: Upon the marriage of a person accorded status as a son or daughter of a lawful permanent resident alien under section 203(a)(2) of the Act.
In other words, the petition was subject to automatic revocation due to the marriage of the beneficiary. She would be wasting her time and money to continue the process. If she naturalizes, she can submit another I-130 for her married son. A U.S. citizen can petition for married sons and daughters. |
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pianojangee
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He is not eligible for Petition since he got married. And his old Petition is void since he is not qualify. Don't waste money on Petition. Once mother becomes US Citizen she can file Petition for Family Based 3rd Preference Married sons and daughters of US Citizen. |
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David
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Inform the NVC and they will change the classification as he is now married ... Add seven years to the wait time ... |
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