Can a change in marital status affect an ongoing immigration case?

I am waiting to become a permanent resident of the United States ( which should take another two years) but I just got engaged to my long-term girlfriend and she was born in the U.S.

What do I need to do once I get married?

(My case: I'm a over 21 years old and my mother is a naturalized U.S. Citizen.)

Thanks, Pree Guntton.

3 Answers

  • 1 decade ago
    Favorite Answer

    Certainly, it can not only affect it, but depending on the circumstances, it can end it. Fortunately, it won't end your case. Since your mother is a US citizen, your petition falls into the F1 category as the adult son of a US citizen. If you marry, it will change to F3, married son of a US citizen. The primary difference from your point of view is that the change in category, changes the priority date. At the moment, the priority date for an F1 petition for citizens from most countries is 22 Feb 02. That means that only petitions filed on or before that date are valid for use. If you marry, the priority date for F3 petitions is now 22 May 2000, which means you would have to wait almost 2 more years to use that petition. If you are from the Philippines or Mexico,, the wait would be considerably longer.

    however, since your fiancee is an American citizen, she could file a fiance petition for you now, assuming you are ready to marry, and that could be processed in 8-12 months. Or, after you marry, she could file an IR-1 immigrant petition for you that would also take about the same amount of time. So, in your case you have several options.

  • 1 decade ago

    First off let me say congratulations on your engagement.

    What you can do is once you get married you can file to adjust your status at the same time as your wife files for you.

    Here are the forms you will need (you can get them from for free!)

    1 I-130 (wife)

    2 G-325A (1 for you, 1 for wife, fill out all 4 pages each)

    1 I-485

    1 I-693 (medical examination done by civil surgeon)

    1 I-864 (wife)

    1 I-765

    and 1 I-131

    send all those in the same envelope to the Chicago Lockbox address.

  • 1 decade ago

    It would be faster for you to have your US fiance petition for you. She can apply for a K1 visa for you which gives you 90 days to marry once you make entry with the K1 visa. This can be done much faster than waiting for your mothers petition.

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