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Q: Green Card Prefernece Changes due to Marriage ( No Answer,   0 Comments )
Question  
Subject: Green Card Prefernece Changes due to Marriage
Category: Relationships and Society > Law
Asked by: smitf7-ga
List Price: $20.00
Posted: 10 Nov 2003 04:09 PST
Expires: 10 Dec 2003 04:09 PST
Question ID: 274330
am in the 2B preference with a petition accepted in November 1996 and
am also in the 4th preference with a petition accepted in June 1995. 
However, I got married in June and believe that In doing so I have
disqualified myself from the 2B preference because my sponsor (father)
is a resident alien and not a citizen (which he cannot become) which
would have dropped me to 3rd preference but not disqualified me.  What
are my solutions at this point.

Request for Question Clarification by hummer-ga on 10 Nov 2003 04:42 PST
Hi smitf7. Is your spouse a US citizen? Did you have any
administrative or judicial proceedings pending at the time of your
marriage? Thanks. hummer

Request for Question Clarification by hummer-ga on 10 Nov 2003 05:42 PST
Further, have you already been issued an immigrant visa number or are
you still waiting to hear from the Department of State's National Visa
Center? If you have an immigrant visa number, what year was it issued?
Thanks, hummer

Clarification of Question by smitf7-ga on 10 Nov 2003 11:27 PST
Hi, no my wife is not a US CItizen, she is a Canadian citizen like
myself and holds an H1-B valid until July.  I also hold an F-1
(optional practical training) valid until July.  I/we have never had
any administrative or judicial proceedings pending at the time of our
marriage (21-June-03).  As for the immigrant visa number, I am not
sure I am familiar with the terminology.  All I have are the notice of
action forms I-797 for each petition each of which indicates that the
petition has been approved with a notice date, a priority date and a
receipt number.  But I do not see anything entitled immigrant visa
number, unless it is the same as receipt number (EAC-95-XXX-XXXXX). 
The priority dates are November 22, 1996 for the 2B prefe. petition
and December 27, 1994 for the 4th pref. petition. Thanks.

Request for Question Clarification by hummer-ga on 10 Nov 2003 13:55 PST
Hi smitf7, thanks for the clarification. 

Regarding an immigrant visa number, have a look here:

Immigration Through A Family Member:
"Once USCIS receives your visa petition, I-130, Petition for Alien
Relative, it will be approved or denied. USCIS will notify the person
who filed the visa petition if the visa petition is approved. USCIS
will then send the approved visa petition to the Department of State's
National Visa Center, where it will remain until an immigrant visa
number is available. The Center will notify you, the foreign national,
when the visa petition is received and again when an immigrant visa
number is available. You do not need to contact the National Visa
Center, unless you change your address or there is a change in your
personal situation, or that of your alien relative, that may affect
eligibility for an immigrant visa, such as reaching age 21, marriage,
divorce, or death of a spouse."
http://uscis.gov/graphics/services/residency/family.htm

If you haven't received your immigrant visa number yet, I would call
your USCIS office and make an enquiry - you would need to notify them
of your new status and of any other changes anyway.

Regarding changes to your Second Preference status (if you don't have
your visa number yet):

"II. LIMITED IMMIGRANTS
Subject to certain transitional laws, immigration into the United
States beginning in 1995 will be limited to 675,000 persons per year.
That figure is divided into three distinct sub-categories.
A. Family-Based
Preference relatives may receive all of the visas not used by
Immediate Relatives, but no less than 226,000 visas per year.
Family-based preference categories (with miminum limits in
parentheses) include:
1. First Preference: Unmarried sons and daughters of U.S. citizens,
and children if any. (23,400)
2. Second Preference: Spouses, children, and unmarried sons and
daughters of lawful permanent resident aliens. (114,200)
3. Third Preference: Married sons and daughters of U.S. citizens, and
their spouses and children. (23,400)
4. Fourth Preference: Brothers and sisters of U.S. citizens, and their
spouses and children, provided the U.S. citizens are over 20.
(65,000)"
http://travel.state.gov/visa;immigrants.html

It looks as though you may lose your Second Preference status but I'll
leave your question open hoping another researcher can help.

Good luck,
hummer
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