Did your marital status change, while under petition?

An immigrant parent can never have a married child under petition. If the beneficiary gets married before he or she gets a green card (or before the petitioner naturalizes), the petition is automatically void upon the marriage, even if the child was ‘single’ when the petition was filed.
Change in a person’s marital status could affect the validity of a petition or the waiting time for a visa and whether a spouse can be added or included under that petition. Some people with approved petitions, will have a change in their marital status, while waiting for the priority date on their petition to become “current.” The person may have been single when the petition was filed, but later got married. Or a person may have been petitioned as “married,” but that marriage was later terminated (by annulment, divorce, or death of the spouse).
Here are some of the visa categories and the effect that marriage would have on the petition:
F-1 (unmarried son or daughter (over 21 years of age) of US citizen):
If the beneficiary gets married, the petition remains intact, despite the marriage. However, the petition is converted to F-3 (married son or daughter of US citizen) and the person may need to wait an additional 10 or more years for a visa because of the marriage.
F-2A and F-2B (unmarried son or daughter of green card holder):
An immigrant parent can never have a married child under petition. If the beneficiary gets married before he or she gets a green card (or before the petitioner naturalizes), the petition is automatically void upon the marriage, even if the child was “single” when the petition was filed.
F-3 (married son or daughter of US citizen):
If the beneficiary was originally petitioned as “married,” but the marriage is later terminated (by annulment, divorce, or death of the spouse), the beneficiary is now considered “unmarried” or “single” and the petition can be converted to F-1, where the waiting time is much faster (or sooner) than for married children. I’ve come across many cases where a child was petitioned as married, but the marriage was later terminated, but they did not take advantage of the faster waiting time for singles. Unless you advise the government you are no longer married, they will continue to hold your case and process you years later as “married.”
F-4 (brothers and sisters of US citizens):
A beneficiary’s marital status does not affect his or her eligibility as a brother or sister of a US citizen. However, if a person was petitioned by his or her brother or sister as “single” and later got married, the person could add or include the spouse for a visa, once the priority date becomes current.
Employment-based cases:
Employment-based petitions are similar to petitions by brothers and sisters, in that marital status does not affect eligibility or waiting time. However, if a worker was petitioned as “single” and later got married, it is possible to have the spouse included under the employer’s petition.
If you were petitioned and had a change in your marital status, you may want to consult with an attorney, to determine if that change in marital status affects the waiting time or your eligibility for a visa or green card.

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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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