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Immigration Issues/What documents are needed to prove I am unmarried in case a I-130 petition is filed for me?

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Question
I am 29 living in Iran. My mother has filed an I-130 petition for me as her unmarried son over 21 immediately after she entered the US in 2005 as a legal permanent resident. My mother will apply for Naturalization to become a US citizen in June 2010, however, I want to marry my girl friend who is an Austrian citizen in March 2010. For registering our marriage in Austria I am not required to submit my Iranian birth and marital-status certificate but just a translation of them. Now, according to my situation I'd be grateful if you could answer my following questions:
1- Can I get married to my girl friend in March 2010 in Austria and still be able to get an immigrant visa through my current I-130 petition by showing my Iranian documents as an unmarried son when a visa becomes available for me to immigrate to the US? Does Immigration office check for my name in the data base of countries other than the US and my own country, such as Austria, when I will be submitting my marital status documents to them?
2- If I wait for my mother to become a US citizen and then after that I marry my girl friend, should my mother file a new petition for me and how much delay my marriage will cause to my case to get an immigrant visa of the US?

Answer
Hello Baba:

There are several issues

As a permanent resident, your mother can file an I-130 (Petition for an alien relative) as an unmarried son over 21. You stated your intention to marry your girlfriend in March 2010; such action will nullify the pending application filed by your mother. Once your mother becomes a US citizen, she will have to refile an I-130 application on your behalf as married son of any age.

Any misrepresentation will result in the revocation of any immigration benefits.
Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls visa categories, priority dates and the availability of visa numbers. Immigrant visa numbers are made available strictly in the order of priority dates. There is no provision within the law that would allow NVC to waive numerical limitation in any individual case.

Under the family sponsored preference, the first category include unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
The second category includes spouses and children, and unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers.
However, if you decide to get married and your then US citizen mother files an I-130 petition on your behalf, you will fall under the third category as married son of a US Citizen (23,400, plus numbers not required by first and second preferences.
The current processing time varies by category: June 2004 for the 1st category, March 2006 for the 2nd and may 2001 for the third category.

Sincerely,

Annick Koloko, Esq.
www.kolokolaw.com

Immigration Issues

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Annick Tchokonte-Koloko

Expertise

Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.

Experience

Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

Organizations
AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Education/Credentials
Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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