Marrying before an I-130 through an LPR parent is adjudicated
Jan 1st 2008, 6:05 am
#1
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Marrying before an I-130 through an LPR parent is adjudicated
Hi!
The parents of a dear friend of mine won the DV Lottery and immigrated to the United States in 2001. In July 2003 her LPR mother submitted an I-130 petition on her behalf. Several days later, she married her live-in partner of many years.
Her mother (the petitioner) became a naturalized US Citizen in June 2007. At that time her I-130 was STILL not adjudicated. They sent copies of the marriage and naturalization certificates and their Petition was denied last month!
I believe that they should have allowed them to keep their July 2003 Priority Date and approve their petition in the 3rd Preference Category.
The parents of a dear friend of mine won the DV Lottery and immigrated to the United States in 2001. In July 2003 her LPR mother submitted an I-130 petition on her behalf. Several days later, she married her live-in partner of many years.
Her mother (the petitioner) became a naturalized US Citizen in June 2007. At that time her I-130 was STILL not adjudicated. They sent copies of the marriage and naturalization certificates and their Petition was denied last month!
I believe that they should have allowed them to keep their July 2003 Priority Date and approve their petition in the 3rd Preference Category.
Jan 1st 2008, 6:12 am
#2
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Joined: Sep 2002
Posts: 16,266
Re: Marrying before an I-130 through an LPR parent is adjudicated
Hi!
The parents of a dear friend of mine won the DV Lottery and immigrated to the United States in 2001. In July 2003 her LPR mother submitted an I-130 petition on her behalf. Several days later, she married her live-in partner of many years.
Her mother (the petitioner) became a naturalized US Citizen in June 2007. At that time her I-130 was STILL not adjudicated. They sent copies of the marriage and naturalization certificates and their Petition was denied last month!
I believe that they should have allowed them to keep their July 2003 Priority Date and approve their petition in the 3rd Preference Category.
The parents of a dear friend of mine won the DV Lottery and immigrated to the United States in 2001. In July 2003 her LPR mother submitted an I-130 petition on her behalf. Several days later, she married her live-in partner of many years.
Her mother (the petitioner) became a naturalized US Citizen in June 2007. At that time her I-130 was STILL not adjudicated. They sent copies of the marriage and naturalization certificates and their Petition was denied last month!
I believe that they should have allowed them to keep their July 2003 Priority Date and approve their petition in the 3rd Preference Category.
Sigh. It is the law that applies, not your beliefs.
Jan 1st 2008, 6:27 am
#3
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Re: Marrying before an I-130 through an LPR parent is adjudicated
We were under the impression that the marriage did not void the petition, since it was still pending. Sounds like my friend shouldn't have married before her mom naturalized.
The way forward now is a new I-130 - does this mean a new priority date too? If so, it would mean 4-5 more years of waiting for them...
The way forward now is a new I-130 - does this mean a new priority date too? If so, it would mean 4-5 more years of waiting for them...
Jan 1st 2008, 6:39 am
#4
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Re: Marrying before an I-130 through an LPR parent is adjudicated
We were under the impression that the marriage did not void the petition, since it was still pending. Sounds like my friend shouldn't have married before her mom naturalized.
The way forward now is a new I-130 - does this mean a new priority date too? If so, it would mean 4-5 more years of waiting for them...
The way forward now is a new I-130 - does this mean a new priority date too? If so, it would mean 4-5 more years of waiting for them...
Sigh. While the visa petition is pending, one must remain eligible for classfication based upon the relationship. For example -- lets say mom files for FB-1 and while pending, son married -- it would be converted to FB-3, no problem. However, since there is no classification of married children of LPR's, he no longer had an approvable petition pending.
Yes, a new I-130 has to be filed with a new priority date.
Jan 1st 2008, 6:42 am
#5
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Posts: 33
Re: Marrying before an I-130 through an LPR parent is adjudicated
Hi:
Sigh. While the visa petition is pending, one must remain eligible for classfication based upon the relationship. For example -- lets say mom files for FB-1 and while pending, son married -- it would be converted to FB-3, no problem. However, since there is no classification of married children of LPR's, he no longer had an approvable petition pending.
Yes, a new I-130 has to be filed with a new priority date.
Sigh. While the visa petition is pending, one must remain eligible for classfication based upon the relationship. For example -- lets say mom files for FB-1 and while pending, son married -- it would be converted to FB-3, no problem. However, since there is no classification of married children of LPR's, he no longer had an approvable petition pending.
Yes, a new I-130 has to be filed with a new priority date.
Jan 1st 2008, 12:37 pm
#6
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Joined: Sep 2002
Posts: 16,266
Re: Marrying before an I-130 through an LPR parent is adjudicated
Hi!
The parents of a dear friend of mine won the DV Lottery and immigrated to the United States in 2001. In July 2003 her LPR mother submitted an I-130 petition on her behalf. Several days later, she married her live-in partner of many years.
Her mother (the petitioner) became a naturalized US Citizen in June 2007. At that time her I-130 was STILL not adjudicated. They sent copies of the marriage and naturalization certificates and their Petition was denied last month!
I believe that they should have allowed them to keep their July 2003 Priority Date and approve their petition in the 3rd Preference Category.
The parents of a dear friend of mine won the DV Lottery and immigrated to the United States in 2001. In July 2003 her LPR mother submitted an I-130 petition on her behalf. Several days later, she married her live-in partner of many years.
Her mother (the petitioner) became a naturalized US Citizen in June 2007. At that time her I-130 was STILL not adjudicated. They sent copies of the marriage and naturalization certificates and their Petition was denied last month!
I believe that they should have allowed them to keep their July 2003 Priority Date and approve their petition in the 3rd Preference Category.
I find it amazing on how people with immigration problems quite often become "dear friends" with problems quite similar to theirs! I've seen it a lot. I sometimes wonder why.
Jan 1st 2008, 1:31 pm
#7
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Re: Marrying before an I-130 through an LPR parent is adjudicated
Jan 1st 2008, 8:53 pm
#8
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Re: Marrying before an I-130 through an LPR parent is adjudicated
I've known my friend and her parents PRIOR to her I-130 problems.
