Q: Son married after i naturalized and didnt notify NVC to upgrade I130 from unmarried son of LPR to Married son of US cit
I filed I130 for my unmarried son back in 97 he was 15 yo. Once case was approved it was never transferred to NVC because he was supposed to go through AOS which never did and never lived in US. I naturalized US citizen officially 2012 as per my Naturalization certificate, then, a month later, my son got married. Back in 2020 we discovered that the case was never transferred to NVC so we filed I824 to take action on approved petition and transfer case to NVC. This was approved this year 2022 and finally received Welcome letter with Invoice ID and case number.
Once we enter CEAC, it still appears visa category F24 (unmarried son under 21). We found out that we must submit a Pub Inq Form to let NVC know that i naturalized so they can upgrade petition, but we do not know if there would be any problem that may son got married a month later i naturalized.
We are afraid that they could reply "you should've notified back in 2012 not 12 years later" and get our case cancelled.
A: You will want to notify NVC about both your naturalization and your son’s marriage, as his visa category has now changed to F3 (married child of a United States citizen) and depending on his priority date, a visa may/may not be available to him at this time. As long as he married AFTER you naturalized, he should still be eligible for an immigrant visa, in the new category. There is not going to be a penalization for the delay in informing NVC but you do not need to be aware that since his visa category has changed due to your naturalization and his marriage, his priority date may not be current in that category. There would, however, be a big problem if he attempted to immigrate as the unmarried child of a lawful permanent resident when that is no longer that case, so you are obligated to inform NVC of the changes.
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