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Mum Filed i130 for me and i stayed in usa..now i want to marry a usc.

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  • Mum Filed i130 for me and i stayed in usa..now i want to marry a usc.

    I arrived in the usa November 2017. My mum is a permanent resident and as been here 7 years she filed my i130 january 2018 before my visiting visa ran out. (Im over 21 and not married)I didnt leave the states and ive been here ever since. Ive been in my relationship with my american citizen fiance for nearly two years now and we want to get married. I know once i do this my current i130 will become void?? (I believe)...so my questions are. Once im married can i just file for the i130 again and the i1485 at the same time??. Or do i have to do something completely different.?? We were going to wait to get married but from the wait times on the current i130 i have it just seems stupid to wait years to do begin our lives..my mum is still going to co sponsor with my finace. I. Just unsure on how things work if i get married while in the states with a pending i130. Any help or advice is really appreciated.

  • #2
    Originally posted by Ditdot View Post
    I arrived in the usa November 2017. My mum is a permanent resident and as been here 7 years she filed my i130 january 2018 before my visiting visa ran out. (Im over 21 and not married)I didnt leave the states and ive been here ever since. Ive been in my relationship with my american citizen fiance for nearly two years now and we want to get married. I know once i do this my current i130 will become void?? (I believe)...so my questions are. Once im married can i just file for the i130 again and the i1485 at the same time??. Or do i have to do something completely different.?? We were going to wait to get married but from the wait times on the current i130 i have it just seems stupid to wait years to do begin our lives..my mum is still going to co sponsor with my finace. I. Just unsure on how things work if i get married while in the states with a pending i130. Any help or advice is really appreciated.
    Yes, if your mother is still a permanent resident, getting married will void the petition from her, since there is no category for married children of permanent residents.

    Yes, after marriage, you and your spouse can just file I-130 and I-485. (This would be true regardless of whether there is another petition. (You can be a beneficiary of multiple petitions. They do not conflict.) In this case, there isn't another petition.)

    This is my personal opinion and is not to be construed as legal advice.

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