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Family based I-130 current (unmarried daughter)

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brijeesh
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Posts: 6
Joined: Wed Jul 29, 2009 10:19 am

Family based I-130 current (unmarried daughter)

Post by brijeesh » Wed Jul 29, 2009 10:31 am

Hello,

My parents are citizens and they filed for my sister as an unmarried daughter in Dec 2002. The priority date is current now based on the visa bulletin. She just got engaged and she is on H1-B visa working as a Prof. at a university (non-profit org). Now she has to file I-485 for adjusting her status.

Question:
1) As soon as she files I-485 can she get married (before her Interview?)

2) If not then, how long will she have to wait to get married if she wants to file based on married daughter of citizen ? (i.e. time difference between priority date to be current between unmarried and married category) Do we have to do anything to notify USCIS about her marriage ?

Thanks in advance

ravon
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Posts: 16
Joined: Tue Jul 14, 2009 9:45 am

Post by ravon » Wed Jul 29, 2009 10:41 am

If she marries before she becomes a lawful permanent resident, she will lose her eligibility as a family first preference immigrant. Upon her marriage, she will convert automatically to family third preference, but she will retain her old priority date. Once she becomes an LPR, she can marry without any immigration consequences.

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