got married on f2 , but mom is citizen now dilemma

Discussion in 'Family based immigration' started by doc22, May 31, 2009.

  1. doc22

    doc22 Junior Member

    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. Ron Gotcher

    Ron Gotcher Attorney at Law

    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    Unfortunately, your original petition was revoked automatically when you married.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.
  3. doc22

    doc22 Junior Member

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

    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 ?
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    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.
  5. doc22

    doc22 Junior Member

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

    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?
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    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.
  7. rmganguly

    rmganguly Junior Member

    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
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    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.
  9. rmganguly

    rmganguly Junior Member

    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
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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

    Just let the F2B die a natural death.

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