kalkya

Hi guys

I have question for my brother.

My brother from India and My dad is Green Card Holder( Getting US Citizenship next month) . He filed for him under Family based Unmarried Sons and Daughters (21 years of age or older)F2B categoery.

He got married with Gc holder last year . his wife also filed pettion for him. Now, things are not working batween them and he is getting divorce from his
wife.

my questins are :-
Will pettion from my dad is still valid for my bro under F2B catageory ? or it will be void because he got married? ( but he will be single again once he will get divorced from his wife) and my dad becoming citizen will my brother catogery will change from F2B TO F1?

Noorah101

I moved your thread to the US Immigration forum.

Rene
Moderator

kalkya

Rene do you know the answers.

Noorah101

No, sorry, I don't. But there are more people on this forum who know about family-based issues like this, rather than over on the marriage-based forum, that's why I moved it.

Hopefully someone comes along with an answer for you. I remember reading cases like these on here, though...you might want to do a search.

Rene

ian-mstm

You use the words "he", "him", and "his wife". It is not clear whether you are talking about your brother or your father. It is unclear who got married. Please post again and use the words "brother" and "father" to explain what is happening. Please explain clearly if you want us to understand and help you.

Ian

kalkya

My brother is in India and My dad is Green Card Holder( Getting US Citizenship next month) . Father filed for my brother under Family based Unmarried Sons and Daughters (21 years of age or older)F2B categoery.

Brother got married with Gc holder last year . Brother's wife also filed pettion for Brother . Now, things are not working batween them and Brother is getting divorce from his
wife.

my questins are :-
Will pettion from my dad is still valid for my brother under F2B catageory ? or it will be void because brother got married? ( but brother will be single again once he will get divorced from his wife) and my dad becoming citizen will my brother catogery will change from F2B TO F1

ian-mstm

Thank you for the clear explanation! I believe the petition is still good, but your brother has moved to a different family-based category, and that means it'll take longer for his priority date to become current.


Good question. Since your brother's wife also filed for him, it's a good bet that USCIS knows that he is married. After the divorce, they may or may not move him back to where he was before. Often, what they should do and what they actually do, are completely different.


If your father informs USCIS that he is now a US citizen, your brother's category will change. I'm not sure what category it will change to - as that will depend on whether he returns to the "over 21, unmarried" category.

This is my understanding. Hopefully, someone who knows more than me will comment.

Ian

Folinskyinla

Hi:

When your brother married, the visa petition filed by your father was revoked by operation of law. Your father must refile and get a new priority date. While your brother is still married and your father is not a US citizen, father cannot file a visa petition for your brother.

Your father can file a new petition for your brother once the naturalization is complete. If your brother is still married, it will be for FB-3, but will convert to FB-1 upon brother's divorce being final.

If your brother's divorce is final before your father naturalizes, then your father can file a new FB-2B with the new priority date, and it will convert to to FB-1 upon naturalization.

Main thing to remember is that your father's old visa petition is dead and gone.

[BTW, before 1991, the new visa petition would have recaptured the old priority date. But the regulations changed in that year. This was so "under the radar" that many attorneys and government officials didn't catch on to it. The reason I mention this is that you will hear from a "friend" that so-and-so did that, no problem! This is no longer true.]

dreamercon

I will disagree with Ian, unfortunately only citizens can sponsor married adult sons and daughters. Since your brother married before your father became a citizen, the petition was invalidated at that time. Your father will need to file a new petition after he becomes a citizen and get a new priority date for your brother.

Alternatively, your brother can pursue sponsorship through his wife, if they stay married. If she can apply for citizenship soon, then the wait may not be that long.

Folinskyinla

Hi:

Belief and faith are fine -- the government will follow the law, provided it is adverse to the alien.

ian-mstm

As always, I appreciate your corrections!

Ian

kalkya

Folinskyinla

Thanks for yours reply . You are very helpfull.