Immigration Corner | My sister filed, but what happens if I get married?

Dear Mrs Walker-Huntington,

My sister is filing for me, but what if I should get married to a US citizen? How will this affect the filling process?

Thank you.

VP

Dear VP,

If you marry a US citizen while a petition filed by another family member is pending, your US citizen spouse can file a second petition for you to migrate, and in most instances, it will be processed faster than your pending petition. I say most instances because it will depend on where your first petition is in the process, i.e., how much time you have left to wait for a visa to become available.

There are some categories of filings where it matters if you are single or married and some not at all. If a sibling files for their sibling, marriage by the beneficiary does not affect the filing and neither does divorce. However, you need to determine if it is beneficial to you to have your US citizen spouse file a new petition on your behalf. You are allowed to have more than one petition pending.

If a parent files a petition for you to migrate to America, it matters if you are single or married at the time of filing and if you marry during the process.

A filing by a US citizen for their unmarried son or daughter is in the F1 preference category. However, if the son or daughter marries during the process, that petition would be moved to the F3 preference category. Or if the son or daughter is married at the beginning of the process, that would also be assigned to the F3 preference category. It takes longer for the married son/daughter of a US citizen to receive a green card than an unmarried son/daughter.

A filing by a green card holder for their ove- 21-year-old unmarried son/daughter is an F2B category petition. If the son/daughter marries during the process, it will void the filing because a green card holder cannot file for a married son/daughter.

If a US citizen is filing for a parent and that parent marries during the process, it will not affect the processing time of the filing.

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 diversity and inclusion consultant, mediator and former special magistrate and hearing Officer in Broward County, Florida. info@walkerhuntington.com