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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Hi Michael,
Thanks for the information in this article. I have an F4 application pending since 2009 (priority date means I will be waiting another 5 years or so). You advised if I get married it will not affect my eligibility, and I can add my spouse to petition. My questions is, will my Priority date be changed/reset by amending an F4 to update martial status and add spouse?
Thanks,
Joe
Hi michael,
I am a green card holder and petitioned for my daughter( over 21) when she was single but she got married and had a child while waiting for the priority date. Now I just received an e mail from NVC welcome letter about my daughter case and steps to take for her visa. Does it mean she is sill eligible? Should I proceed further? Can she get divorced and still be eligible? Thank you so much!
Winsu
Hi Michael,
If petition was done while still single, and while waiting for the approval got married but is now divorced, will that still be considered single?
Hi Michael, I have the same situation like yours. Did you find any information?
will it still be considered as single or do i need to file the petition again?
Hi joeyg, I have the same situation like yours. Did you find any information?
will it still be considered as single or do i need to file the petition again?
Hi Sehsa. Did you ever got a response on this? What was the resolution?
Hi Joey. Did you ever got a response on this? What was the resolution?
Hi Michael,
I do currently live in the US and my sister filed an F4 since 2014 now I’m married to a US citizen and have kids. Do i continue to updated my file with NVC or with USCIS?
Thank you,
Mel
Hi Michael,
My Mom’s sister who is an USA citizen applied for I-130 visa for my Mom and her dependants(spouse and children). I am currently studying in UK for last 3 years and I will be returning back to my country once my study completed.
Do I need any police clearance from UK to show in USA embassy when our case will be “current”?
Hi Michael,
I was petitioned by my mother as F2B category while she was a permanent residence. My mother became citizen last yr 2005. but i got married on year 2008. With this regard I received an email from NVC last April 2017 stating that NVC received our approved petition. Does this mean that my petition was approved last year only? am I still qualify to continue my application even though i’m already married?
Michael never answer anyone
My aunt was petitioned as married but now widowed. If stays is changed does the immigration consider years that they waited and petition will get expidited.
Hello Michael,
My mom petitioned my brothers when they were still single. They got married while under petition and we never changed the status. My mother passed away last year and now their papers came. Can they still come here to the US without changing their status by themselves?
Sincerely,
Sheree
Is there any form to submit in the immigration office if you change your status from F3 to F1?
i applied US immigranti130 for my brother and the case approved by USCIS but somehow we heard that he got married before. what should we do now
I petitioned for my brother n his kids to usa about 10 years ago. His kids are all under 21 at that time but its been over 10 years so they got older. 2 of the children got married. So now that it’s getting close to our prioty date, what will happen when our priority date becomes current? Do we just drop of those 2 married children off of my brothers petition or can they still come to usa with my brother? Do i have to report the childrens marriage?