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  • got married on f2 , but mom is citizen now dilemma

    so here is our situation
    filled initially in f2 category for unmarried son while mom was permanent resident in 2002, but got married(2005) before she became citizen(2007). USCIS took 2 years(now 2009) to reply to us that we need to file again instead of just status change to F3 category and that we lost the initial priority date!!!
    is there any other way we could get the initial priority date of 2002?

    2nd question is there anyway mother and brother can file for the same person? just in case as a back up plan?

  • #2
    Re: got married on f2 , but mom is citizen now dilemma

    Unfortunately, your original petition was revoked automatically when you married. You will not be able to get it back. Your mother and brother can file petitions for you. There is no restriction on the number of petitions that can be filed.
    Ron

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302

    818-914-6482
    Inquiries@GotcherLaw.com

    Comment


    • #3
      Re: got married on f2 , but mom is citizen now dilemma

      Originally posted by Ron Gotcher View Post
      Unfortunately, your original petition was revoked automatically when you married. You will not be able to get it back. Your mother and brother can file petitions for you. There is no restriction on the number of petitions that can be filed.
      ok so when I file again should I attach the original approved letter so maybe they will give me the original priority date?
      anything else that I can do to keep the original priority date? can lawyers change much with the priority dates?
      and If we file twice with 2 different categories, there is absolutely no problem? I mean they are going to deny one and approve one over the other or something ?

      Comment


      • #4
        Re: got married on f2 , but mom is citizen now dilemma

        Each petition is different. The CIS can't force you to elect one over the other. You are entitled to have multiple petitions on file.

        I wouldn't attach the old approval because they might make a mistake and give it to you. If they do, it would be a mistake. If they later catch the mistake (and there is an excellent chance that they would), you will have problems.
        Ron

        James Ronald Gotcher
        Global Immigration Partners
        4505 Las Virgenes Road, Suite 107
        Calabasas, CA 91302

        818-914-6482
        Inquiries@GotcherLaw.com

        Comment


        • #5
          Re: got married on f2 , but mom is citizen now dilemma

          Originally posted by Ron Gotcher View Post
          Each petition is different. The CIS can't force you to elect one over the other. You are entitled to have multiple petitions on file.

          I wouldn't attach the old approval because they might make a mistake and give it to you. If they do, it would be a mistake. If they later catch the mistake (and there is an excellent chance that they would), you will have problems.
          seriously? so basically I would have problems if I attached my old priority date and they mistake on that?
          because I was reading on other forums how they advised to attach the old priority date letter?
          also does it matter what location I file at? do the times differ to which is faster?

          Comment


          • #6
            Re: got married on f2 , but mom is citizen now dilemma

            It doesn't matter where you file your petition as far as your priority date is concerned. Your priority date is the day the CIS actually receives it.

            If you want to attach the old petition approval, then include evidence that you married before your mother naturalized. The CIS often makes mistakes. The problem is that you have to pay the price when they make a mistake, you rely on it, and then they discover it later. This is one that they are highly likely to discover later.
            Ron

            James Ronald Gotcher
            Global Immigration Partners
            4505 Las Virgenes Road, Suite 107
            Calabasas, CA 91302

            818-914-6482
            Inquiries@GotcherLaw.com

            Comment


            • #7
              Re: got married on f2 , but mom is citizen now dilemma

              Dear Ron,
              My friend applied for his son after getting Green card in 2001 under family preferefce F2B.His petition I-130 got approved in 2005 but his son got married before the approval .He was aware that after his son marrige his F2B would be revoked automatically and he did not inform USCIS /NVC about his marriage.In between his son immigrated to USA on L1 visa and subsequently got physical green card throgh E mployer.
              NOW his priority date for F2B is nearing and NVC has sent a letter telling my friend to summit $ 70 for further processing of F2B.
              Now my friend in a fix whether to withdraw the F2B visa or keep quiet .If he withdraws what is the effect on approved green card through employment sponsored preference
              Please help him.
              THANKS,
              rmganguly
              Last edited by rmganguly; 06-11-2009, 01:23 PM.

              Comment


              • #8
                Re: got married on f2 , but mom is citizen now dilemma

                If he proceeds with the F2B he will receive an invalid grant of permanent residency. When they ultimately discover it, his card will be revoked and he will have to leave immediately.
                Ron

                James Ronald Gotcher
                Global Immigration Partners
                4505 Las Virgenes Road, Suite 107
                Calabasas, CA 91302

                818-914-6482
                Inquiries@GotcherLaw.com

                Comment


                • #9
                  Re: got married on f2 , but mom is citizen now dilemma

                  Since his son got green card through emplyment EB2 preference and his son is married,should he withdraw or keep quiet and what is the effect ON EB2 if he does not do anything.Let F2B dies of his own.
                  Thanks,
                  rmganguly
                  Last edited by rmganguly; 06-11-2009, 01:25 PM.

                  Comment


                  • #10
                    Re: got married on f2 , but mom is citizen now dilemma

                    Just let the F2B die a natural death.
                    Ron

                    James Ronald Gotcher
                    Global Immigration Partners
                    4505 Las Virgenes Road, Suite 107
                    Calabasas, CA 91302

                    818-914-6482
                    Inquiries@GotcherLaw.com

                    Comment

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