Immigration Corner | How will marrying a US citizen affect my filing?

Dear Mrs Walker-Huntington,

I am writing to get some clarification on a particular situation to which you have already provided an answer. My case, however, has a little twist, and this is why I am seeking your advice.

My father, who is a United States (US) citizen, has petitioned on my behalf to come to the United States. If I get married to a US citizen who, in turn, will file for me, do I get to the US in the same time span as regular married beneficiaries, and does my father’s case become void? Or does this create a worse case for me?

Thanks in advance for your insight.

– G.B.

Dear G.B.,

Your American citizen father filed for you as an unmarried adult son/daughter, and this placed you in the first-preference category (F1). Currently, it is taking six years for a visa to become available in that category. However, as a result of the COVID-19 pandemic, the Trump administration, on April 23, issued a proclamation suspending immigration for some intending immigrants for 60 days with a review after 50 days.

Persons in the F1 preference category are among the ones who are affected by the suspension. This means that if within the 60-day ban a visa becomes available, you would not be interviewed or able to travel to be with your family member. In actuality, no interviews are being conducted at US Embassies and Consulates anywhere in the world because of the pandemic. As countries reopen, the proclamation may have an actual impact on immigration.

If you marry a US citizen (USC), your spouse should file a separate petition for you to migrate to the United States. A USC’s petition for their spouse or minor child is not affected by the proclamation. In your case, your spouse’s petition should take approximately a year for you to receive an interview at the US Embassy. You would be required, among other things, to prove the validity of your marriage and that you will not become a public charge on the US government should you be approved for the immigrant visa.

In preparation for your marriage and your spouse’s immigrant visa petition, you should document your relationship and preserve all communications between yourself and your fiancé.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal, and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com