H1 Marriage with I130 pending

[Jammin]

What is the name of your state?GA

I have a friend in TX whom I am asking this question for. His mom became a PR in 2002 thru her US citizen daughter. The mom then filed the I130 for him in that same year 2002. He was and is over 21 years old and is on H1 visa. He had initially entered on F1 then transferred to H1 when he got his 1st degree.

He is now married to a F1 student and has a child. Now since he is married - what will happen (if anything) to the I130 petition his mom filed for him? Does his marriage make it null and void at this point?

 

[ImmigAttyLana]

YES is the short answer since Permanent Residents can only sponsor UNmarried children (under 21) or sons/daughters (over 21). Now the only thing that can happen as far as his mother's petition is to wait until she becomes a US citizen and file for him as a married son/daughter. This will likely be a very long wait.

Alternatively, if he is in valid H-1B status, he should inquire with his employer if the employer would be willing to sponsor him for employment-based permanent residence.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Jammin]

Thanks You

One more thing - He is actually getting the employment based sponsorship from his employer - they have started processing some of the paperwork. However if and when that does come through - will his wife (F1 student) be able to benefit from it any way?

 

[ImmigAttyLana]

Yes, as long as he gets married before his green card is approved, and his wife's application is attached to his employment-based application, then she will be able to obtain her green card along with him.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.