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183 points proberts | 2 comments | | HN request time: 0.001s | source

I'll be here for the few hours and then again at around 1 pm PST for another few hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers. Thanks!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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ax0ar ◴[] No.41873210[source]
My U.S. citizen father applied for a green card for me as his over-18-year-old child, and the process was moving forward. However, during the sponsorship documents submission phase, I got married and updated the marital status question accordingly. After that, the process was stopped. What happens now, and what can be done?
replies(1): >>41873613 #
junar ◴[] No.41873613[source]
While you were unmarried, you were either an immediate relative if under age 21, or family preference F1 if 21 or older. Because you married, you are now in the family preference F3 category, which has a much larger backlog and a much longer wait.

You should have considered the immigration consequences before you got married. The only thing that can change your situation is if your marriage ends in death or divorce. Otherwise you must wait.

9 FAM 502.2-3(D)

> a. (U) Immediate Relative Converts to Third Preference: If the child of a U.S. citizen is the beneficiary of an IR petition, the petition automatically converts to a third preference petition if the child marries. The priority date of the third preference petition is the filing date of the immediate relative petition.

> b. (U) First Preference Converts to Third Preference: If the unmarried son or daughter of a U.S. citizen marries before the visa is issued, the beneficiary's first preference petition automatically converts to a family third preference petition. Any child(ren) of the beneficiary would then be entitled to derivative third preference status. The priority date remains the same.

> e. (U) Third Preference Converts to First Preference: (1) (U) A third preference petition approved for a married son or daughter of a U.S. citizen who has since become widowed or divorced automatically converts to accord first preference status (or IR status if the beneficiary is under the age of 21). If the petition converts to first preference, the accompanying or following-to-join child(ren) may be granted derivative first preference status. The priority date remains the same.

https://fam.state.gov/fam/09FAM/09FAM050202.html

replies(2): >>41874048 #>>41874558 #
1. casenmgreen ◴[] No.41874558[source]
> You should have considered the immigration consequences before you got married.

I may be wrong, but I think immigration consequences were not something any reasonable, normal person would have had any reason to think of. We are normal people, living normal lives. As I say, I may be wrong, but this feels like blaming the victim.

replies(1): >>41874700 #
2. junar ◴[] No.41874700[source]
US immigration is a strange game: folks who have good attention to detail can DIY and save a good chunk of money. Folks that don't should probably get an immigration lawyer to avoid potential disaster.

OP evidently made an incorrect assumption somewhere: perhaps they thought that they would stay in IR2/F1. Or perhaps they assumed that even if they change to F3, it would be as good as IR2/F1.