If I marry a citizen and have a pending F2B, what happens?

When it comes to immigration to the United States, understanding how the different family petition categories operate is essential to making safe and informed decisions. I will explain how marrying a U.S. citizen can affect a pending F2B petition, always highlighting the importance of following immigration laws and seeking specialized guidance to avoid complications.

The F2B category was originally created for individuals who are unmarried sons or daughters, aged 21 or older, of lawful permanent residents. If you have a pending F2B petition and marry a U.S. citizen, this change in your family status makes you eligible for a new immigration pathway: a petition as the spouse of a U.S. citizen. Unlike the F2B category, which suffers from numerical limits and long waiting lists, spouses of U.S. citizens fall under the immediate relative category, which is not subject to the same caps and, consequently, generally has shorter processing times.

Upon marrying a citizen, it is crucial to notify the appropriate authorities and, if applicable, start a new process based on the marital relationship, usually through Form I-130 (Petition for Immediate Relative) and, if applicable, adjustment of status with Form I-485 if you are in the United States. If you choose this route, you may even request work authorization and a Travel Document while awaiting your adjustment of status process.

However, it is important to remember that the process for the spouse of a U.S. citizen is distinct from the process started under the F2B category, and once the marriage is effective, the F2B petition may no longer be justified, since the new petition is based on the marital relationship rather than the status of unmarried child.

Due to the particularities and possible legal implications involved in each step of the process, it is always advisable to act cautiously and seek help from immigration professionals. This guidance helps ensure that you are following all rules and avoiding risks such as unnecessary delays, documentation errors, or even situations that might be interpreted as attempts to circumvent immigration rules. Staying alert to scams or promises of quick results is also essential, as the United States immigration system is strict and requires exact compliance with current laws.

In summary, by marrying a U.S. citizen, you may have the opportunity to migrate through the immediate relative pathway, which in many cases offers a faster process than the F2B category. However, each case has its specificities; therefore, it is fundamental to proceed with caution and seek specialized assistance to ensure all steps are fulfilled according to United States immigration laws.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.