QUESTION
Can I still apply for immigration if I am already married?
Asked on Jan 09th, 2012 on Immigration - California
More details to this question:
My dad is U.S citizen, sponsored me as an unmarried over 21. Now I am married, would my priority date (April 09, 2005) will change or my category will be changed? Do I have to reapply or send my marriage information?
10 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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This would change your preference to third preference which normally is years longer of a wait. I would need to know what country you are from. Additionally, there may be much faster ways to come into the U.S. Such as through employment. What is your experience and that of your wife? What about education for both?
Answered on Jul 08th, 2013 at 1:45 AM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Yes. Your priority date will change to the new category. What is the status of your husband ? Can he apply for you - if so that category may be faster.
Answered on Jan 25th, 2012 at 9:44 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Your preference classification changed with your marital status, but since the petitioner remains the same, he does not need to re-apply. You need to check the FB-3 priority date list.
Answered on Jan 24th, 2012 at 7:13 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It does change from first preference category to the third. You do not have to inform the DHS if your priority date is not current.
Answered on Jan 24th, 2012 at 5:10 PM
You will keep your priority date but will drop to 3rd preference. A new petition is not required.
Answered on Jan 24th, 2012 at 2:14 PM
Leon Wildes
No. Your priority date remains the same. You simply move to a lower waiting list automatically.
Answered on Jan 24th, 2012 at 2:09 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You should keep the old priority date with a different category. Send the marriage certificate to NVC to update your status.
Answered on Jan 24th, 2012 at 2:06 PM
Yes, you will need to provide the information of your marriage to the USCIS and/or NVC by supplying them with valid proof of your marriage. Your priority date will not change but the processing times might since this is now a different preference category.
Answered on Jan 24th, 2012 at 2:06 PM
2 Awards
You don't have to re-apply, but your priority date may change.
Answered on Jan 24th, 2012 at 12:53 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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There is a different category for married children of USC's. You are allowed to opt in to that category or to remain in your current category. Some do that because processing times may be faster. If you want to opt in, then you can notify DHS and provide the proof of your eligibility for the new status. If you go to www.troylaw.net, you can find the newest visa bulletin under quick links. This will show you the processing times for both categories.
Answered on Jan 24th, 2012 at 12:37 PM