Legal Question in Immigration Law in Illinois

My wife was petitioned by her immigrant father when she was single (>21y/o). After years of waiting she forgot all about her petition and decided to tie the knot (now we are married for 5 years). Last year her parents became US citizens. Now she received a letter from the NVC that her petition was approved and the visa will become current in approximately 2 years time (according to the visa bulletin). We were planning to apply for another category and use the same case number, but I read in several forums that my wife�s petition was considered void since she married me when her parents were just permanent residents. Question: is there any way we can get around this problem and avoid filing a new petition with a new case number?


Asked on 2/19/10, 10:18 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If she got married while her petitioner-parent was a lawful permanent resident, then, yes, that petition is void and no longer valid.

What is your status in USA? Are you a US citizen? How did she come to USA: on a visa, what visa, when? When the father filed the I-130 petition?

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/24/10, 10:59 am


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