Help with visa question

[NicolaNSam]

Nicola's cousin is about to get married to someone in China. His name is Mark and he is 22 years old. His family moved to Hawaii but he was older than 21 at the time of the visa interview so he had to wait until they petitioned for him later. Mark's family called and suggested he does marry yet because they are afraid it will delay Mark's interview time. Anyone have any ideas if that's true.

To reiterate just so i'm clear. Mark's mom and dad went to Hawaii because their brother petitioned for them and they waited the ten year time for their visa time. Now Mark's family wants him to come to Hawaii and they already petitioned him to come but they are worried that by marrying it will delay his time to join his mom and dad in Hawaii. Anyone know if this is true? I really appreciate any help at all! Thanks in advance!

 

Sam

[warpedbored]

I was digging around the USCIS website and I couldn't find any difference for married or unmarried brothers or sisters of US citizens. It is a 4th priority visa with an average processing time of 60 months. Her parents could file for him as well but I doubt it would be any faster. I'm suspicious of my results though since Bing and I have a petition in the works for her son, an unmarried son or daughter of a US citizen which should be a 1st priority visa. They have a goal of 5 months with an average of 20.5 months and the CA service center where our petition is is averaging 56.1 months. Unlike visas for parents or unmarried children under 21 there is a quota so you have to wait for a visa to become available. Since there is no visa for parents of LPRs I am assuming that your cousins became naturalized citizens so they could bring over the parents.

 

I just found this. Settle in for a long wait.

I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21.............................. 5 Months

I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21...........................June 23, 2005

I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21................................May 23, 2002

I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister.....................................................January 16, 2001

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21...............................April 02, 2007

I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21.................February 02, 2003

[NicolaNSam]

Hi Carl,

 

Thank you for your reply. Mark's parents arrived to Hawaii two years ago and they are green card holders. Can his parents petition for him to come to America even if they are not U.S. Citizens and just green card holders? And from what your telling me it will take five years from the time they petition for him to come and it won't matter if he is married or not. Did I get it right? Thanks for your help!

[Randy W]

Hi Carl,

 

Thank you for your reply. Mark's parents arrived to Hawaii two years ago and they are green card holders. Can his parents petition for him to come to America even if they are not U.S. Citizens and just green card holders? And from what your telling me it will take five years from the time they petition for him to come and it won't matter if he is married or not. Did I get it right? Thanks for your help!

 

 

Yes, that's correct. EXCEPT that if he gets married, that would nullify the petition. The parents could start the process over again ONLY if (and when) they become citizens.

 

The time frame (for an unmarried child of a green card holder) is more like 7 to 10 years. The dates Carl gives are the dates that petitions which are currently being processed were originally filed (i others words, the dates are pretty much seven years behind by definition).

 

If the parents become citizens AFTER the petition is filed, it is automatically upgraded (on request) to the child of an American citizen category. The date of filing remains the same, but then the wait time from the original filing date would be reduced to something closer to the 5 years.

Edited April 3, 2010 by Randy W (see edit history)

[warpedbored]

There doesn't seem to be any difference for a brother or sister of a US citizen. There is a difference for a married son or daughter over 21 of a US citizen. As Randy mentioned there is no visa for a married son or daughter over 21 for LPRs. Any way you slice it it's going to be 8-10 years from the time they filed.

[NicolaNSam]

Wow! So you guys are saying if Mark gets married then his petition is void! And his parents can only petition for him and his new wife only after they become citizens? There is no visa for a married son over 21 where if his parents are green card holders?

So what would you all suggest? Should he not get married and just have a wedding party without signing documents then petition for his fiance once he gets his green card or is it faster to get married and wait until his parents are citizens to file for them? Thanks for this great information its going to make a big difference in their lives!

Edited April 3, 2010 by NicolaNSam (see edit history)

[Randy W]

Wow! So you guys are saying if Mark gets married then his petition is void! And his parents can only petition for him and his new wife only after they become citizens? There is no visa for a married son over 21 where is parents are green card holders?

So what would you all suggest? Should he not get married and just have a wedding party without signing documents then petition for his fiance once he gets his green card or is it faster to get married and wait until his parents are citizens to file for them? Thanks for this great informatoin its going to make a big difference in their lives!

 

 

The fastest way is for his parents to file NOW. Then, when they become citizens, his petition will be upgraded (to child of American citizen) AND he can also get married (AFTER they become citizens) without abandoning the petition.

 

So the sequence is: 1) Parents file for child of LPR. 2) Parents become citizens 3) Son gets married 4) son gets visa 5) Son gets green card 6) Son files I-130 for wife

 

3) and 4) can be reversed - in fact, first make SURE that the marriage won't affect the visa.

[warpedbored]

His parents have to be LPRs for 5 years before they can become American citizens. They also have to meet the minimum income requirements or get a co-sponsor.

[dnoblett]

Wow! So you guys are saying if Mark gets married then his petition is void! And his parents can only petition for him and his new wife only after they become citizens? There is no visa for a married son over 21 where if his parents are green card holders?

So what would you all suggest? Should he not get married and just have a wedding party without signing documents then petition for his fiance once he gets his green card or is it faster to get married and wait until his parents are citizens to file for them? Thanks for this great information its going to make a big difference in their lives!

One option is to wait on mariage until AFTER parent becomes a Citizen.

 

Parent informs USCIS and/or NVC of this change in immigrations status, this preserves the pending visa petition and changes the visa class. Then son can marry, at which time USCIS and/or NVC needs to be informed of this status change.

 

But yes there is NO visa class for a married son/daughter of a green-card holder.

[warpedbored]

Married son or daughter of a US citizen changes things. If his parents sponsor him I would advise against him getting married. If he married after his parents filed for him it would void that petition,