₦airaland Forum

Hello All,

I am new here and would like your earnest contributions to my case. My brother in-law is an American citizen and my mother in-law is a permanent resident in state too, and my mother in-law had file in for my wife for an immigrant visa that has been approved before our marriage but no date yet for the interview as I was told it takes time beacause of the long awaiting list of visa applicant.

My questions now are;

1. Should we notify USCIS of her marital status change and have her petition cancelled?
2. Should we have her brother cancel the approved petition and have him apply again to accomodate me in the application?
3. Should we just pretend we were never married since her mum had petitioned for her and the application approved?

Please advice.

Note: I have a non-immigrant visa to US that will expire next year and can always get it renewed when expired.

Hey, post in this forum http://www.visajourney.com/ They are very knowledgeable in immigration visas.

@ sabbath7th, thank you for the website. I found it very useful.

There is no visa category for a married child/children of permanent resident. Your wife's approved petition will be automatically revoked once her marital status change. Her brother can also not call to cancel the petition because he's not the petitioner. As a matter of fact they will not speak with/to him except if he's interpreting for her/his mom who must also be present if they will speak with him. Finally, it will take between 8-10yrs to approve the petition if her brother file for her. US citizen filling for brothers/sisters is the last/longest on the visa category for immediate relative. From the USCIS approval date (based on petition filled by a PR) to the rest of the process both finger printing, background check, and medical could take another 2yrs easily even if everything goes very fine. So I don't know if you guys can pretend not to be married for that long. Either way and based on the visa category it won't be fast/quick. She/your wife can go ahead and follow up and complete the already approved petition by her mom, move to US, get her PR card in a month or less then petition for you as a fiancé or come back home marry you and file for you as her spouse. Good luck!

Better still you can renew your non-immigrant visa if her own process is not through and accompany her to the US. Once here, you guys can get marry, she file for you, you get your work authorization, renew it every year and just wait while your own application is pending/approved. Might take up to 4yrs but you're here already with your wife so you won't feel it. That will be your best bet!