What happens if my wife has just become a US Citizen and my son and I are still living in the UK?

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What happens if my wife has just become a US Citizen and my son and I are still living in the UK?

We married 5 years ago (while she was a permanent resident) but I was still living in the UK (my son and I are UK residents). We married before my son was 18 and we came here just before his 21st birthday last year. We filed I-130 petition. During this time her citizenship has been completed. What now happens for my son and I?

Asked on May 8, 2013 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your wife can petition for you and for your son since you married your wife before your son turned 21.  However, now that he is over 21, he is no longer considered an immediate relative but is subject to the preference category waiting times which can be about 3-5 years for a son of a US citizen.  Furthermore, he needs to be in valid status at all times in order to be eligible to adjust status when the visa becomes available for that preference category.  You will be able to adjust status to permanent residence as the spouse of a US citizen even if you are no longer in valid status, as long as you can prove that you entered the US lawfully.


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