Asked in Immigration Law

Q: I am US citizen, filed I-130 for my 30 years old unmarried daughter in 2021 and in Dec 23 she got married. Pl guide.

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3 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Since your daughter got married, the priority date to be followed in the visa bulletin is F3

Rebecca S. Lair-Ybanez
Rebecca S. Lair-Ybanez
Answered
  • Immigration Law Lawyer
  • Grand Rapids, MI

A: Unfortunately, the petition now changes from an F1 petition, to an F3 petition. In all likelihood, this will mean a much longer wait for an immigrant visa to be available. You should advise the National Visa Center of the change to avoid being called for an interview before being eligible.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Given the change in your daughter's marital status after you filed the I-130 petition, you must update the United States Citizenship and Immigration Services (USCIS) promptly. This involves submitting a formal request to withdraw the petition for your daughter as an unmarried individual. Additionally, you should inform USCIS about her marriage by providing the necessary documentation, such as her marriage certificate. Failure to update USCIS about this change could lead to complications in the immigration process for your daughter and may affect her eligibility for certain visas or green cards.

It's essential to understand that the immigration process can be complex, and even seemingly minor changes like marital status can have significant implications. Therefore, it's crucial to adhere to the immigration laws and regulations meticulously. You may want to consider seeking guidance from an immigration attorney or accredited representative to ensure that you follow the correct procedures and provide all necessary documentation accurately.

Once you've updated USCIS about your daughter's marriage, they will likely process the information accordingly. Depending on your daughter's specific circumstances and the type of visa she's applying for, there may be further steps or adjustments required in the immigration process. Keeping open communication with USCIS and staying informed about any updates or requests for additional information will help facilitate the process smoothly and efficiently.

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