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Can My Son Get Married during the Time of Form I-130 Pending?

Help Desk:

My Green Card application was approved last year. I want to apply for Green Card for my son now, who is still in my home country. After I submit the I-130 application for him, does that mean that he can not get married in order to get the U.S. Green Card during the time of Form I-130 pending?


Answer:

Children of lawful permanent residents may be sponsored only if they are unmarried and should not marry prior to the Green Card approval. However, if they marry after the I-130 has been filed, the petition is deemed invalid, and neither the person nor the new spouse would be able to become a Green Card holder based on the Form I-130 filing.

Therefore, unmarried children of lawful permanent residents, who are the beneficiaries of I-130 petitions based on this relationship, should not marry if sponsorship by a lawful permanent resident parent is the only avenue available to them for obtaining U.S. permanent residence.

 

 

 

 


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