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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3371
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I petitioned my son as single but got married whie I was a

Customer Question

I petitioned my son as single but got married whie I was a permanent resident. However my husband is a US citizen at the time of his marriage. Can my son retain his priority date on the basis that his father is a US CITIZEN, although I am the petitioner? My husband & I are VERY married, living together and filing a joint incime tax return.
Submitted: 25 days ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 25 days ago.

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 25 days ago.

Also, how old is your son? Thanks!

Customer: replied 25 days ago.
40 yrs old
Expert:  Nisha Jones, Esq. replied 25 days ago.

Is he married?

Customer: replied 25 days ago.
I just need your answer, no need to call
Expert:  Nisha Jones, Esq. replied 25 days ago.

Yes of course, I was not attempting to initiate a call. I'm wondering whether your son is married, as this has bearing on his immigration petition options. Thanks.

Customer: replied 25 days ago.
I already mentioned that my son got married.
Expert:  Nisha Jones, Esq. replied 25 days ago.

It was unclear to me from your initial question whether you have now married a US citizen (since petitioning for your son's green card), or whether your son has since gotten married, or both.

Expert:  Nisha Jones, Esq. replied 25 days ago.

Okay, just to be clear, as this has an important impact on getting you the correct information:

1. your son has since gotten married (since your original petition on his behalf)

2. you have also gotten married -- to a US citizen

3. your son's new wife is NOT a US citizen

Can you let me know if all of the above is correct? That will help me get you the answers you need. Thanks so much for bearing with my questions, immigration laws are very specific, so hence my need for all the details. Thanks again!

Customer: replied 25 days ago.
It seems to ne that you are going around the bush. I stated the background of the case when I posed the question. My son's father is my husband for 40 years and we are still very married. I
just need your reply to my simple question, will my son retain his original priority date when I petitioned him as single on the basis that his father, though not the petitioner ( I am, the mother, the petitioner) is already a US citizen when he got married?
Customer: replied 25 days ago.
Hi, are still there?
Expert:  Nisha Jones, Esq. replied 25 days ago.

Thanks for the clarification. I'm sorry I definitely was not trying to beat around the bush, it's just that immigration laws are very specific, and I was trying to gather additional information, because there may even be a faster way for your son to obtain citizenship.

To answer your question though-- yes, your son will retain his priority date even though he is now married. His priority date is locked in from the time of your original petition on his behalf.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

Customer: replied 25 days ago.
I mean, are you still there?
Expert:  Nisha Jones, Esq. replied 25 days ago.

Yes, still here. I hope you received my prior message. I can copy and paste it here for you again. Please let me know if you still have any questions, I'm here to help; and please kindly take a moment to rate me using 3 stars or more. Thanks!

"Thanks for the clarification. I'm sorry I definitely was not trying to beat around the bush, it's just that immigration laws are very specific, and I was trying to gather additional information, because there may even be a faster way for your son to obtain citizenship.

To answer your question though-- yes, your son will retain his priority date even though he is now married. His priority date is locked in from the time of your original petition on his behalf.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!"

Customer: replied 25 days ago.
Are you aware of the fact that when a child when petitioned as single loses his petition when he got married if the petitioner is not a US citizen at the time of his marriage? This is why, I am asking if he can retain his priority date on the basis that his father is a US citizen, thiugh not the oetitioner.
Expert:  Nisha Jones, Esq. replied 25 days ago.

I'm sorry, I thought that you stated that you both are now US citizens, and that the error was on my part? I'm going to opt out so that another expert can assist you as it seems we are having some communication issues. Best of luck to you.

Expert:  Jennifer Marie, Esq. replied 25 days ago.

Hello Gloria, my name is ***** ***** I will be the new immigration attorney helping you today. I have almost 10 years experience in Immigration law.

I'm sorry about the confusion earlier with your other answer. I will do my best to be as clear as possible.

My answer is different. If you were a permanent resident when you petitioned your son while he was unmarried, and then he married then that I-130 is INVALIDATED. It can no longer be used at all and the priority cannot be retained for anything. This is true even if your husband, his father was a US citizen at the time. This is because you were the petitioner, not your husband. What should have happened is If his father was a US citizen, he should have also submitted a petition for him that way if your son got married, his I-130 would still be valid. Unfortunately , your husband would just have to submit a new I-130 now.

I'm so sorry that I don't have better news. I wish I did but I have to be honest with you. I do hope that I have answered your original question clearly.

Good luck to you and I hope this answer has helped you!

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