Marriage status of my son

[fossdansant]

While I was a permanent resident, I applied to bring my unmarried son, who lives in South Africa, to the US as a family related immigrant. His application was approved but before any interview could take place, we lost contact with him.
Recently we reestablished contact and I learned that he had married.
At that time I understood that his change in marital status disqualified his application.
In the meantime I became a US citizen and checked on his status with the Visa Center, finding that his application is still valid and current.
He is keen to emigrate, but obviously wishes his SA born wife to accompany him. Is it possible to change his status/application somehow to include his wife or must the application process be started over from the beginning?
Many thanks

[dhira_98]

If date of his marriage is after you became citizen of USA, then you can convert the Category from F2B to F3. If his marriage date is earlier than the date of your US citizenship, this petition will be revoked/Cancelled.

While I was a permanent resident, I applied to bring my unmarried son, who lives in South Africa, to the US as a family related immigrant. His application was approved but before any interview could take place, we lost contact with him.
Recently we reestablished contact and I learned that he had married.
At that time I understood that his change in marital status disqualified his application.
In the meantime I became a US citizen and checked on his status with the Visa Center, finding that his application is still valid and current.
He is keen to emigrate, but obviously wishes his SA born wife to accompany him. Is it possible to change his status/application somehow to include his wife or must the application process be started over from the beginning?
Many thanks

[rayb]

Dhira,

I don't believe there is an automatic cancellation of a Permanent Resident-submitted petition upon marriage of the beneficiary. My advice would be to report one's Naturalization and marriage of the beneficiary at the same time. The petition can probably be expected to be changed to F3, as a result.

I would agree, however, that so long as the petitioner remains a Permanent Resident, the petition status cannot be acted upon because of the marriage.

The above is my opinion only, and should not be relied upon as supported by immigration regulations.

--Ray B

If date of his marriage is after you became citizen of USA, then you can convert the Category from F2B to F3. If his marriage date is earlier than the date of your US citizenship, this petition will be revoked/Cancelled.

[Tyra]

I'm green card holder. Can I get my minor son 13 yrs old from the Philippines?

I will go home in Philippines next week and my husband died last sunday. Can I petition my son even my husband is passed away? Is it true that I cannot petition my son because Im not yet a US Citizens? One of the law firm who is working who told me that. What I process to him from the US embassy? Can I get him a US passport which my US husband is passed away or do I need to petition him? My problem is I dont have enough resources and Im only a clerk in gasoline station it means my salary is not enough and I rented a one bed room apartment in Las Vegas and working but my husband from Boston where we file my immigrant petition. Please help me what to do most especially I will go home soon next week in Philippines the purpose is to get my son. I was thinking that to be able to get my son is to get him a tourist VISA, is this okay a tourist VISA for him? or I should petition him or a US passport? Please someone who can give me an advice. Im a permanent resident 10years

[rayb]

If you have a Green Card, you can petition your son if he is not married.

If your son is married, you have to wait until you have U.S. citizenship to petition him.

--Ray B

I will go home in Philippines next week and my husband died last sunday. Can I petition my son even my husband is passed away? Is it true that I cannot petition my son because Im not yet a US Citizens? One of the law firm who is working who told me that. What I process to him from the US embassy? Can I get him a US passport which my US husband is passed away or do I need to petition him? My problem is I dont have enough resources and Im only a clerk in gasoline station it means my salary is not enough and I rented a one bed room apartment in Las Vegas and working but my husband from Boston where we file my immigrant petition. Please help me what to do most especially I will go home soon next week in Philippines the purpose is to get my son. I was thinking that to be able to get my son is to get him a tourist VISA, is this okay a tourist VISA for him? or I should petition him or a US passport? Please someone who can give me an advice. Im a permanent resident 10years

[Tyra]

Rayb, how long can my son join me in the US?

Rayb,

Yes I have a green card 10 years and my son is a minor (13 years old). How long that I can bring my son here in the US? what are the requirements? It is okay if im the one to process his papers? bacause went I inquired the law firm and they will charge me huge amount $1,500.00 preparation only and I dont have a money for that. I have to save first before I can hired a lawyer to do the petition which is take so long.

Thanks Ray B.

If you have a Green Card, you can petition your son if he is not married.

If your son is married, you have to wait until you have U.S. citizenship to petition him.

--Ray B

[rayb]

Don't pay an attorney $1,500 just to fill out two pages of a petition packaqe.

If your husband is a U.S. citizen, he can be the petitioner and it will be faster.

If your husband is not a U.S. citizen, you can do it yourself by filling out form I-130 from the following link:

https://www.uscis.gov/i-130

When you have it filled out, get back to us and we will tell you what you need to include with it and where to mail it.

--Ray B

Rayb,

Yes I have a green card 10 years and my son is a minor (13 years old). How long that I can bring my son here in the US? what are the requirements? It is okay if im the one to process his papers? bacause went I inquired the law firm and they will charge me huge amount $1,500.00 preparation only and I dont have a money for that. I have to save first before I can hired a lawyer to do the petition which is take so long.

Thanks Ray B.