Dear Ms Walker-Huntington,

My wife's mother is a United States (US) permanent resident. She filed for my wife before we were married.

I would like to know if she has to re-file for us both or could she just add me?

Also, if she can just add me, would the priority date be changed?

Best regards.

- L.C.

Dear L.C.

Only a US citizen can file a petition for a married child, not a US permanent resident.

If a permanent resident's parent has a petition pending for a single child and that child gets married, the petition dies. Your mother-in-law could only re-file the petition for her married daughter if, and when, your mother-in-law becomes a US citizen. There is no provision for your permanent resident mother-in-law to add you to the file.

It is important that your mother-in-law discontinues the original petition as if your wife were still single. In some instances, the National Visa Center, and subsequently, the US Embassy does not discover that a single child marries after their petition was filed. If that now married person falsifies the documents and states they are still single, they will be committing immigration fraud.

Some people proceed under the mistaken impression that they can go ahead and claim their visa as a single person and later on turn around and file a petition for their spouse. They cannot. Any attempt to do so will result in the permanent resident spouse losing their green card and being placed in removal/deportation proceedings. Even if the permanent resident spouse who illegally obtained their permanent residency status becomes a US citizen and then tries to file for their spouse, they will be relieved of their US citizenship and be placed in deportation proceedings.

Notification

There are also persons whose parent is a US citizen and that parent files for a single child who subsequently marries while the petition is pending. Once that marriage takes place, either the Department of Homeland Security (DHS) or the National Visa Center (NVC), depending on the stage of the process, must be notified of the marriage. This notification will result in the beneficiary being placed in a different preference category that will require a longer waiting period for a visa number to become available, thus allowing the beneficiary to migrate.

There are persons who refuse to wait the additional two or more years the change in preference categories brings and proceed as if they are still single. They learn the hard way that they can never file for their spouses, and this leads to the deterioration of their marriage and permanent separation of families.

If a parent who is a US citizen files for a single child who subsequently marries, it is much simpler to be honest, advise the DHS or the NVC of the marriage and wait the additional two years and the entire family will be able to migrate at the same time.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practices in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.