Can I get married while obtaining documents based on my family’s application?
Do you want to get married, but your family’s immigration application is pending? Here at Vergara Miller Law Firm, we share with you more information about this.
Can I get married if I have a pending application?
It depends on who applied. Were your siblings, your parents U.S. citizens, or your parent who is a lawful permanent resident? This will determine the answer to the question. We will then answer your questions with specific information about the person who filed your family petition.
Petition for children of citizens:
In this case, if you are married, pending family applications will not be affected and you will have to wait longer to apply for residency.
Citizen Sibling Petition:
A U.S. citizen can file an application for his or her sibling, even if he or she is married or wants to get married while the application is pending. Getting married will not affect the waiting time for your priority date to take effect. That is, according to the Visa Bulletin, the date on which you can apply for residency has arrived.
According to Visa Bulletin, the waiting time for a petition in Mexico is about 22 years, compared to 15 years in Spanish-speaking countries outside of Mexico.
Petition by a citizen parent:
If you have a family petition from a citizen parent who registered when you were unmarried, your status will change under immigration law.
If your parent is a resident only, then:
Immigration law provides that a lawful permanent resident parent can only petition for an unmarried child. If you have a resident parent application, and you have decided to get married, your family petition would be revoked. In other words, you would no longer be able to apply for legal residency.
The best thing to do is you should always consult an immigration attorney before marriage so that he or she can analyze all the factors and find the best option for your application.
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Disclaimer: This is not legal advice, the material on this site has been prepared for informational purposes only. It should not be construed as legal or other professional advice, and its receipt does not constitute any type of attorney-client relationship. Never disregard the advice of your own attorney to discuss your particular case.
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