More details to this question:
My mother filed F2b visa application in March 2006 and this was approved by USCIS and sent to NVC on November 2006. In 2009, I got married and my parents became citizens in October 2010. Now when I updated my info to NVC with my current status and my parents' naturalization, NVC has sent this back to USCIS as I got married before naturalization. Will USCIS deny my case?
5 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Yes. You must be petitioned again.
Answered on May 04th, 2012 at 11:31 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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By operation of law your mother's petition for is revoked upon your marriage. You should have waited to marry after your mother became USC. She will have to file new petition with new priority date.
Answered on May 02nd, 2012 at 2:01 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If you married when your mother was a green card holder, and you are still married, then your case will be cancelled. That's because there is no category for a married child of a green card holder. If you are divorced, you may be able to retain.
Answered on May 02nd, 2012 at 1:54 PM
Appeals Attorney serving Los Angeles, CA
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Law Offices of Larry R. Glazer
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Since your original family relative petition (I-130) was approved in the F2B category but you got married prior to your parents' naturalization the automatic conversion rules will most likely result in the revocation of the F2B approval which is limited to unmarried sons/daughters of LPRs. It is very important that you seek advice from a qualified attorney.
Answered on May 02nd, 2012 at 1:48 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you were married before your parents were naturalized under the F2b category, your petition was automatically terminated by law when you got married. Thus, the approved petition is no longer valid.
Answered on May 02nd, 2012 at 1:39 PM