i have a pending I-130, petioned through my mother. What steps do i take if i get married? 9 Answers as of December 29, 2010

What steps do I take if I have a pending I-130, petitioned through my mother, and am getting married this year? Please help, I don't know how or what to do to change my status? Thank you so much!

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You are likely to have your mother's I-130 granted. The status you will have, since I am certain that you are an adult over 21, is that you will be assigned a first level preference, that of the adult unmarried daughter of a U.S. citizen, and you will likely have less than a year to be granted permission to apply for adjustment of status (green card). However, if you don't wait, and you marry, once you apply for adjust status, you will be reassigned to the status of a married daughter of a citizen, which is a third level preference, according to USCIS and Dept. of State, which places you in a much longer waiting list. I would wait to marry until after getting to adjust status, and then enter the USA as a legal permanent resident, and then petition for your husband to enter the USA. If you want to know more, call or e-mail me, to set up a consultation by phone or in person.
Answer Applies to: California
Replied: 12/29/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
You have not given me enough facts to answer this. I would need to know for how long the I-130 has been pending. I would need to know the status of you and your mother, where the both of you are located and what status your new husband is.
Answer Applies to: California
Replied: 12/9/2010
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
It depends on many factors, such as whether your mother is a citizen or permanent resident. I highly advise you to consult with an attorney before you get married.
Answer Applies to: Oregon
Replied: 12/9/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Your new spouse can file another I-130 but that seems to be duplicative to me.
Answer Applies to: Tennessee
Replied: 12/9/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It would be important to know the immigration status of the person you are marrying.
Answer Applies to: Florida
Replied: 12/8/2010
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    If your mother is a green card holder, getting married would revoke the petition. If your mother's a US citizen, then getting married will cause delay to your green card by a few years. If your husband is a US citizen then you may be able to get the green card within 6 months. Call me to discuss further.
    Answer Applies to: California
    Replied: 12/8/2010
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    What you do depends on if you are in the US or overseas. If you are in the US for your Moms petition you would have to stay in status for you to benefit from it, and marriage pushes your waiting time back so if your priority date is close you may want to wait. However, if you get married you would update your status with immigration by way of a letter.
    Answer Applies to: Florida
    Replied: 12/8/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    There is a lot of ambiguities in your question...because I do not know whether your mother is a citizen or a green card holder. If your mother is a US citizen, and you get married, your waiting time will be longer. If your mother is a green card holder, it will kill the petition that she filed for you. But if you get married to an American citizen, you could file the paper through him.
    Answer Applies to: California
    Replied: 12/8/2010
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