Conversion From FB-1 to FB-3 Category

My parents are US citizens. I am in India. My category now is F1. Now the National Visa Center has asked for documents. But, now I just got married. What should I do? I am confused about this and what will be my status? If it is F3, how long will it take for both of us to immigrate to the US?
— Anonymous

On the date you married your spouse, your classification as the unmarried son or daughter of a United States citizen (Family-Based 1st preference) was automatically converted to married son or daughter of a United States citizen (Family-Based 3rd preference).

You will only be able to immigrate when a visa number becomes available in the family based 3rd preference category. According to the December 2008 Visa Bulletin, visa numbers are available for India in the third preference category for petitions with the priority dates that are before July 22, 2000. On another note, first preference petitions are on priority dates that are before May 22, 2002. It is important to notify the Service Center where the I-130 was filed and the National Visa Center (NVC) that you are now married by sending both places a copy of your marriage certificate along with a brief statement requesting that they take note of the marriage, and confirm your category change to the third preference. Just because the NVC is requesting documents relating to your immigrant visa as a first preference immigrant does not necessarily mean that you qualify for that category or that a visa is available.

The NVC may have requested the documents because it was under the presumption that you were still unmarried. If you do not disclose the marriage, but instead send in the requested documents and pretend that you are unmarried, and the U.S. Embassy issues the immigrant visa, it will have done so in error and the immigrant visa will be void because the fact remains that you were married when the visa was issued. It appears that your spouse will be able to accompany you to the United States as a derivative beneficiary of the petition.

If you have additional questions or concerns regarding your marriage’s effect on your immigration status or visa availability, you should contact an experienced immigration attorney to review your documents and provide you with specific legal advice.

Michael Shane and Evan Shane, Immigration Attorneys

4.8 127 reviews

K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
Evan prepped me equally and rigorously well for the second interview. He was even more intimidating than the real interview. As a result I am now a Citizen.
This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
Thank you guys!
Ademir Pavao ★★★★★ a year ago
Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
Ricardo Bendito ★★★★★ 3 months ago
This is by far the best law office!
For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!