I130- Unmarried Sons and daughters of US Citizen?

Question

I'm a US citizen. I filed for my unmarried son's (divorce e) petition in Jan 2003 which was later approved. He got married again in 2004, and had a son with his current wife in 2005. I have not changed his status from "Unmarried Sons and Daughters of Citizens" to "Married Sons and Daughters of Citizen." What do I need to do to change his status. Which forms I need to fill out. Please help!!

Answer 1

Make an appointment through Info Pass at USCIS local branch office and bring your I-130 approval notice and explain what to do.

http://infopass.uscis.gov/

Answer 2

Your problem here is that when you filed for him as an unmarried son he fell into the first preference category for immigration through an immediate relative who is a citizen. Now that he is married he will fall into the third preference category which has a much longer waiting time than first preference.   Did he marry a US citizen? If so it would be much better for his wife to petition for his green card as that would take 6-8 months. If you are still going to petition for him you need to call USCIS and ask how to chance his preference category as this effects his green card eligibility - good luck

Answer 3

Actually, there is no problem. The petition will change from F1 to F3 once you notify USCIS or the National Visa Center which actually has the petition at this point.. While that may change the priority date as it's a different visa category, it will automatically cover both your daughter in law and their child, and any subsequent children they may have while waiting for their petition to become valid. You could also wait for the National Visa Center to contact you just before the petition to become valid, but since F3 petitions normally have a longer wait than F1s, it's probably best to inform USCIS and the NVC now.