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Don’t Get Married
Until Your Read This

By Minnesota Immigration Lawyer Vincent Martin

If you are a U.S. citizen or lawful permanent resident green card holder and filed an immigrant visa petition for your child, Form I-130, you need to read this.

Under the immigration law, there are different visa categories for different family relationships, and within those categories are sub-categories depending on the marital status of the beneficiary.  The category for your case will determine how long it will take for your family member to immigrate to the United States.  For example, the spouse of a U.S. citizen will immigrate much faster than the sibling of a U.S. citizen; the child of a U.S. citizen will immigrate much faster than the child of a permanent resident, etc.

“I filed when my child was single, but now he is married.”

A problem arises when you file a petition under one category but then there is a change in circumstances that forces the beneficiary family member into another category.  A common scenario is when a permanent resident files an I-130 petition for an adult, unmarried child but then the child marries before immigrating to the U.S.  Since such cases can take 8-10 years, it is not uncommon for changes in circumstances to occur.

The dilemma is that there is no visa category for a married child of a permanent resident and therefore, the petition you filed automatically terminates by law.  Even if the child divorces and becomes single again, since your petition automatically terminated by law upon the marriage of the child, a subsequent divorce will not fix the problem.  Even if you are a U.S. citizen, if your adult child marries after you filed your petition, this can add 3-4 years onto the processing of your case.

“Can’t I just re-file my case?”

In a situation where circumstances lead to the automatic termination and revocation of an immigration petition, usually the only remedy is to re-file under a new category, if one exists.  However, the waiting period for your case will start all over again; that is to say, you generally cannot use your previous filing date.

Another problem exists if there is no new category for your case.  In the above example, if the child of a permanent resident marries, the permanent resident petitioner would need to become a U.S. citizen before being eligible to file a new petition because only a U.S. citizen can sponsor a married child.

“What should I do?”

So, if you have an immigration petition pending at U.S. Citizenship and Immigration Services, USCIS, or the Department of State, you should consult with an immigration lawyer before you or your family undergo any life altering decisions such as marriage or divorce as either of these two events can have a detrimental effect on your immigration case.

Call an Immigration Lawyer if you have any further questions.

You may reach Vincent Martin  at: (952) 746-4111
email: vmartin@cundyandmartin.com
 web site at www.cundyandmartin.com or www.ImmigrationLawyerMN.com