Can my son get married ?

[Boringwaiting]

We have been waiting for the green card for my son for 5 years. I didn't join citizenship because I go back to China every summer vacation, greencard is easy to back and forth. My qustions are :1) How long will still ahead to wait? 2) Can he get married during the waiting time? 3) How can they find out married or not ?

[dnoblett]

1) When did you file the I-130 for son?

 

2) Could marry, however any pending petition would be considered void, green-card holders can only petition for a spouse or unmarried children. US Citizens can petition for married children which would also cover their child's family.

 

3) Eventually it can catch up to them any time during immigrations, even years later, an auditor at DHS could catch this and even revoke citizenship over it.

 

Example:

 

 

Perfectly Legal Immigrants, Until They Applied for Citizenship

 

SELINSGROVE, Pa. — Dr. Pedro Servano always believed that his journey from his native Philippines to the life of a community doctor in Pennsylvania would lead to American citizenship.

 

 

But the doctor, who has tended to patients here in the Susquehanna Valley for more than a decade, is instead battling a deportation order along with his wife.

 

The Servanos are among a growing group of legal immigrants who reach for the prize and permanence of citizenship, only to run afoul of highly technical immigration statutes that carry the severe penalty of expulsion from the country. For the Servanos, the problem has been a legal hitch involving their marital status when they came from the Philippines some 25 years ago.

 

-----

 

Dr. Servano and his wife, Salvacion, lived for years in the United States with no inkling they might have violated the law. They met in the Philippines when she was a nurse and he was a young traveling doctor. Her strict father insisted she marry, they said, but his family wanted him to wait.

 

 

In the early 1980s, their mothers came separately to the United States as legal immigrants and petitioned for residence visas, known as green cards, for Pedro and Salvacion under the category of unmarried children. But between the time the visas were requested and when they were issued in 1985, Pedro and Salvacion, hoping to escape conflicting parental demands, secretly married in the Philippines.

 

Unaware that their marriage could have violated the terms of their green cards, the Servanos settled in the United States. He completed a second medical residency here and began to practice in blue-collar towns where he made house calls and was known for attention to everyday ills. He and Salvacion married in New Jersey in 1987. They renewed their green cards punctually.

“My goal is to be fully functional and integrated into the society,” Dr. Servano said. They presented their 1991 naturalization applications without seeking a lawyer.

 

Immigration inspectors reviewing their applications discovered a record of their Philippine marriage. Accused of lying, they were ordered deported. In years of immigration court appeals, the Servanos had no opportunity to present broader evidence of their character, their lawyers said.

 

Though the headline says "perfectly legal" read the story closer they misrepresented the fact that they were married while waiting for a visa to that was filed by a green-card holding parent, in this case if parent had naturalized, and then son or daughter then got married, it may have set them back a couple years waiting for visa, but the resulting visa would have brought them both over legally.

 

http://www.nytimes.com/2008/04/12/us/12naturalize.html?pagewanted=all&_r=0

[Boringwaiting]

I filed the 1-130 in 2008 . So if they get married after I join the citizen what will happen? Do I need refiled 1-130 ? Would the visa process get longer or shorter?

 

1) When did you file the I-130 for son?

 

2) Could marry, however any pending petition would be considered void, green-card holders can only petition for a spouse or unmarried children. US Citizens can petition for married children which would also cover their child's family.

 

3) Eventually it can catch up to them any time during immigrations, even years later, an auditor at DHS could catch this and even revoke citizenship over it.

 

Example:

 

 

Perfectly Legal Immigrants, Until They Applied for Citizenship

 

SELINSGROVE, Pa. — Dr. Pedro Servano always believed that his journey from his native Philippines to the life of a community doctor in Pennsylvania would lead to American citizenship.

 

 

But the doctor, who has tended to patients here in the Susquehanna Valley for more than a decade, is instead battling a deportation order along with his wife.

 

The Servanos are among a growing group of legal immigrants who reach for the prize and permanence of citizenship, only to run afoul of highly technical immigration statutes that carry the severe penalty of expulsion from the country. For the Servanos, the problem has been a legal hitch involving their marital status when they came from the Philippines some 25 years ago.

 

-----

 

Dr. Servano and his wife, Salvacion, lived for years in the United States with no inkling they might have violated the law. They met in the Philippines when she was a nurse and he was a young traveling doctor. Her strict father insisted she marry, they said, but his family wanted him to wait.

 

 

In the early 1980s, their mothers came separately to the United States as legal immigrants and petitioned for residence visas, known as green cards, for Pedro and Salvacion under the category of unmarried children. But between the time the visas were requested and when they were issued in 1985, Pedro and Salvacion, hoping to escape conflicting parental demands, secretly married in the Philippines.

 

Unaware that their marriage could have violated the terms of their green cards, the Servanos settled in the United States. He completed a second medical residency here and began to practice in blue-collar towns where he made house calls and was known for attention to everyday ills. He and Salvacion married in New Jersey in 1987. They renewed their green cards punctually.

“My goal is to be fully functional and integrated into the society,” Dr. Servano said. They presented their 1991 naturalization applications without seeking a lawyer.

 

Immigration inspectors reviewing their applications discovered a record of their Philippine marriage. Accused of lying, they were ordered deported. In years of immigration court appeals, the Servanos had no opportunity to present broader evidence of their character, their lawyers said.

 

Though the headline says "perfectly legal" read the story closer they misrepresented the fact that they were married while waiting for a visa to that was filed by a green-card holding parent, in this case if parent had naturalized, and then son or daughter then got married, it may have set them back a couple years waiting for visa, but the resulting visa would have brought them both over legally.

 

http://www.nytimes.com/2008/04/12/us/12naturalize.html?pagewanted=all&_r=0

[Randy W]

I filed the 1-130 in 2008 . So if they get married after I join the citizen what will happen? Do I need refiled 1-130 ? Would the visa process get longer or shorter?

 

 

 

Once you are a citizen, they can get married and the petition will be upgraded to a child of an American citizen (a MUCH shorter waiting time), but the current processing date is March, 2006. Still approximately a 2 year wait (from now).

[dnoblett]

Boringwaiting, on 01 Apr 2013 - 22:47, said:

I filed the 1-130 in 2008 . So if they get married after I join the citizen what will happen? Do I need refiled 1-130 ? Would the visa process get longer or shorter?

A 2008 filing will be another 3 or 4 years waiting for a visa number.

 

If you naturalize before marriage, you report this status change to NVC, they will reclassify the petition to F1 Priority which would shave a year off the wait time, and if they marry after your become a citizen, again report this, it will change priority to F3 which may add another 3 years to the process time.

 

Other option would be for son to remain unmarried, you naturalize and become citizen, son would then immigrate, and shortly after return to China with green-card and gets married, son would then return to states and file a petition for his spouse which probably would be a 2 year waiting process (F2A priority for a spouse of a green-card holder).

 

To get ideas on waiting times study the bulletins.

 

http://travel.state.gov/visa/bulletin/bulletin_1360.html

[dnoblett]

Randy W, on 01 Apr 2013 - 22:58, said:

 

 

Boringwaiting, on 01 Apr 2013 - 22:47, said:

I filed the 1-130 in 2008 . So if they get married after I join the citizen what will happen? Do I need refiled 1-130 ? Would the visa process get longer or shorter?

Once you are a citizen, they can get married and the petition will be upgraded to a child of an American citizen (a MUCH shorter waiting time), but the current processing date is March, 2006. Still approximately a 2 year wait (from now).

 

Actually getting married after petitioner becomes a citizen would be classified,(F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

[Randy W]

 

Randy W, on 01 Apr 2013 - 22:58, said:

 

Boringwaiting, on 01 Apr 2013 - 22:47, said:

I filed the 1-130 in 2008 . So if they get married after I join the citizen what will happen? Do I need refiled 1-130 ? Would the visa process get longer or shorter?

Once you are a citizen, they can get married and the petition will be upgraded to a child of an American citizen (a MUCH shorter waiting time), but the current processing date is March, 2006. Still approximately a 2 year wait (from now).

Actually getting married after petitioner becomes a citizen would be classified,(F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

 

 

Yes, sorry 'bout that - the current processing time for MARRIED child of an American citizen is July, 2002

[warpedbored]

My wife became a US citizen in 2008. We filed for her son in Oct 2008 . The visa bulletin shows they are currently processing F-1 petitions filed in March of 06. If your son marries he will be F-3 if you become a US citizen, currently processing July 2002. If you continue on your present course and he doesn't marry he would be F-2 B which is processing April 05, I would follow Dan's plan, don't marry, come here get green card., visit China, marry and apply for visa for wife.

[Boringwaiting]

Thank you , Dnoblett. You are very helpful . Here is another question for you. Can we chat online now , if you are available .

 

Boringwaiting, on 01 Apr 2013 - 22:47, said:
I filed the 1-130 in 2008 . So if they get married after I join the citizen what will happen? Do I need refiled 1-130 ? Would the visa process get longer or shorter?

A 2008 filing will be another 3 or 4 years waiting for a visa number.

If you naturalize before marriage, you report this status change to NVC, they will reclassify the petition to F1 Priority which would shave a year off the wait time, and if they marry after your become a citizen, again report this, it will change priority to F3 which may add another 3 years to the process time.

Other option would be for son to remain unmarried, you naturalize and become citizen, son would then immigrate, and shortly after return to China with green-card and gets married, son would then return to states and file a petition for his spouse which probably would be a 2 year waiting process (F2A priority for a spouse of a green-card holder).

To get ideas on waiting times study the bulletins.

http://travel.state.gov/visa/bulletin/bulletin_1360.html

[dnoblett]

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