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


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?


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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