Immigration Corner | Does it matter if I am married when my daughter files?

Good afternoon Mrs Walker-Huntington,

I would like to find out what difference it would make if I got married before or after my daughter files for me in the USA?

Thanks for your response.

RD

Dear RD:

While in some relative petition categories it matters if the beneficiary is single or married, when a US citizen files for their parent, the marital status of the parent does not affect the eligibility or the processing time of the visa. The US citizen son/daughter must be 21 years of age to file the immigrant visa petition for their parent.

The parent is an immediate relative of the US citizen son/daughter and that petition is processed as soon as possible – as soon as US Citizenship & Immigration Services (USCIS) can process the application. Once that application is approved, it moves to the Department of State – National Visa Service (NVC) and there the processing depends on how quickly the US citizen petitioner and the intending immigrant pays the necessary fees, and prepares the required forms and supporting documents.

After the file is documentarily qualified, i.e. all fees, forms and documents are accepted by the NVC, the beneficiary is scheduled for an immigrant interview in their home country.

The person who the biological parent marries, legally becomes the step-parent of the US citizen son/daughter. However, for immigration purposes a step-parent relationship is established only if the marriage of the biological parent takes place before their US son/daughter is 18 years old.

In this situation, if your daughter is eligible to file an immigrant visa petition for you – she must be already 21 years or older and therefore would not be able to file for her step-parent. In order for your spouse to migrate, you would first need to become a permanent resident and then file for your wife.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com