If i have a Priority date for Sep. 1995, when is it likely to become current, and since i've gotten married since then, how do i get my wife to join me?
Are you under F2B (Unmarried Son of greed card holder) or F3 (Married Son of USC)? If you are under F2B, you have to stay single till you become a legal resident. After that you can get married and file your wife under F2A that is another 5-year wait time. I hope you are still single right now because you would run into a serious problem if a F2B get married before receiving his green card. If you are under F3, your marriage must have occurred AFTER your parent becomes USC to retain your F2B priority and use it under your new category F3. If your priority is 09/1995, your visa number will become current soon. You can check the progress every month from visa bulletin. After F2B becomes current, you can file your paper at the local immigration office. F3 is now current for you if you have met previous conditions. Immigration law is full of tricks, is not it? You need contact a lawyer if you have a complex immigration case.
http://travel.state.gov/visa/frvi_bulletincurrent.html Good luck
The petition was file on behalf of unmarried son or daughter, therefore you cannot get married until you are granted lawful permanent status. Then you marry and petition on behalf of your wife.
A married son will LOSE his petition base upon my understanding about F2B. You definitely need to contact a lawyer if you are already married. I am not sure that there is any legal remedy for that. Good luck.
This message has been edited. Last edited by: familybased,
Now, when the application was orginally filed and approved by the INS and a priority date was issued i was single, but i've been married in hte last 4yrs. Do I still lose my eligibilty?
You may want to talk to a good lawyer because your situation does not look pretty. I do not know whether a devoice (I have to tell you that I hate mentioning this word) will restore your eligibility or not. You can always marry your wife back again after getting your green card. I do not like the rule and understand that two people should get married when they fall in love, but the current immigration law states clearly that F2B is for unmarried son or daughter. You should not file your AOS until you discuss your issue with a lawyer. Otherwise, you have a great chance to be denied and put on deportation if you overstay your visa. Is your sponsor still a green card holder or citizen now?
My advice is to talk to a lawyer. I do not think anyone can give you a concrete suggestion from this board. Most people including myself here posses limit knowledge about the complexities of the U.S. immigration system. You must take your issue very seriously if you still want to immigrate to the U.S someday. If you lose your eligibility, you need to have your sponsor to become a U.S. citizen and start it overall again. F3 is about 7 to 9-year wait time, but you can come here with your wife and children (if they are under 21). In addition, 245i is a sunset clause. Your new petition will not cover 245i benefits. There is really no point to stay here to wait and have your wife waiting for you in the other side of earth. Do not make another mistake to trigger 10-year bar against you. Good luck.
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