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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Adjustment of Status, Unmarried Child Now Married

    I am currently a graduate student on an F1 visa. I have an APPROVED Family Based Immigrant Petition, category F2B (Unmarried child 21 years/older of Permanent Resident) with priority date almost due since I have been contacted by the NVC. Somewhere along the line, I got married (after the petition approval) of which I indicated to the Consular on my application form when I was applying for my student’s visa.
    Now I want to do Adjustment of Status through my approved family based petition, and I do not intend to do that with my wife and kids who are still living in my home country. However, because I indicated on my student’s visa application that I was married, I have indicated on the AOS forms as such. That notwithstanding, the title of my AOS cover letter reads “Family Based (Unmarried child 21 years/older of Permanent Resident) Adjustment of Status Application with attached Approval Notice”.
    Will my marriage have an effect on my AOS, even though I am applying alone?

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adjustment of Status, Unmarried Child Now Married

    Has your parent become a citizen since the petition was filed?

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Adjustment of Status, Unmarried Child Now Married

    LPRs cannot apply for married children. If they became citizens before you married, they should have modified it to the married child of a citizen.

    You are married. If you lie about your marital status in order to get an immigration benefit, your residency and even citizenship can be revoked.

    You need to Google for the website of an attorney named Gurfinkel. He has a number of articles in his Immigration Updates section on this issue

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