What Happens If My Child Marries Before Getting a Visa to the US?

Thứ Tư, 10 Tháng Tám 201100:00(Xem: 72782)
What Happens If My Child Marries Before Getting a Visa to the US?
Marriage can change the status of your child’s visa petition a lot, or a little. It depends mainly on the immigration status of the sponsor.
 
Most problems in this area happen when the adult child of a permanent resident (F2B category) wants to get married. The child is faced with two options. If he or she gets married while the sponsor is still a permanent resident, the visa petition will become invalid. The sponsor will have to file a new petition after becoming a US citizen, and that petition will have a new priority date.
 
The alternatives are (1) the child comes to the US alone, gets a green card, then returns to Vietnam to marry, or (2) the child waits until after the sponsor is a US citizen, and then gets married, allowing both husband and wife to come to the US together.
 
We heard of one case where the child of a permanent resident had the visa interview, was approved for a US visa, and on the day before he left Vietnam, he got married. This means that he actually entered the US illegally because his visa only allowed him to come to the US if he was single. Now, even if he gets a divorce, there is no way to erase the fact that he committed fraud when entering the US. This is a major problem.
 
For the adult children of US citizen sponsors, getting married does not create problems; it just increases the waiting time for a visa. For example, an adult unmarried child in the F1 category now has about five years less waiting time than the married child in the F3 category. We heard of one married child who wanted to reduce the waiting time for a visa, so he got a divorce, with the intention of returning to Vietnam later to re-marry and sponsor his wife. When he got the divorce, his petition went back to the F1 category with a shorter waiting time. However, the Consulate investigated and decided his divorce was done only for immigration purposes and therefore he was denied a visa.
 
If you are a US citizen sponsoring your married children, then your grandchildren under 21 years old are also eligible for a visa, if they remain single. The same is true if you are sponsoring your brother or sister and their families. Their children who are under 21 and unmarried are eligible to accompany them to the US.
 
Finally, in a related situation, what happens to a fiancée petition if the couple registers a marriage? In this case, the fiancée petition is automatically invalid and the sponsor must file a spouse petition. If the family in Vietnam insists on a marriage, then the couple can have a traditional Vietnamese ceremony and wait to register the marriage until after arrival in the US.
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Q.1. My 17 year old daughter is a US citizen, living here in California with me. Her Vietnamese boyfriend is here on a student visa. If they get married, can she file a spouse petition for him?
 
A.1. Even if she is 17 years old, she can file a spouse petition for her husband. However, she must be 18 years old in order to sign the required Affidavit of Support, even if she will use co-sponsors. So, it’s better for them to wait until she is 18 years old.
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Q.2. I am 20 years old. I came to the US on a tourist visa. My father is a permanent resident who will become a US citizen in a few months. Will I be able to apply for a green card in the U.S. if my father files the paperwork for me before I turn 21, or will I have to go back to Vietnam to wait for a visa interview?
 
A.2. You should be eligible to apply for a green card here in the US, as an immediate relative. If you remain single, and if your father files a petition for you before you turn 21, and if your father is sworn in as a U.S. citizen before you turn 21, then you can adjust status here in America.
 
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