Bronx, NY asked in Immigration Law for New York

Q: Will this affect his mothers pending application?

I’m a US Citizen and I want to marry my boyfriend from DR to petition for him as an immediate relative. He tells me that his mom was petitioned by her sister who is an LPR a few years ago when he was still a minor and that he’s considered a “derivative beneficiary” under his mother. If I marry him I know that he will be here much faster and we can begin to create the family we want. However, what happens to his mothers pending application? Will she be affected? I know that once he marries he will be disqualified to travel under his mom at which point I would submit an I-130 and begin the process. But will his mother’s process with her sister be delayed as a result of this?

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2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: No. The pending petition filed on behalf of his mother will not be effected.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: His mom is unaffected by your petition if you marry him. Perhaps, you ought to consider a fiancé visa petition, then consider marriage when he is in the U.S.

Note that the sister must be a ‘U. S. citizen’ to petition her sister, so it seems like the sister may lose the filing fee and that petition should be denied. That is, if the sister is a permanent resident green card holder. Good luck.

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