Marriage before coming to USA while on Family Based green card (Interview is over already)

[Shiva P]

We filed for green card for my niece in "Family based green card". She interviewed and waiting for actual green card before actually coming to US in a month or two. Can she get married before actually coming to USA or wait until she comes back? She was a minor when we filed for her 15 years back and she just got her green card interview and approval.

Please advise.

[pontevecchio]

How does one petition for a niece?

[newacct]

You cannot petition a niece. So I am guessing you petitioned your brother or sister, and the niece is an unmarried under-21 (according to CSPA) child of the principal beneficiary, so she is immigrating as a derivative beneficiary. If so, she cannot get married before entering the US with her immigrant visa, or she will not qualify as a derivative beneficiary anymore.

She cannot get an "actual green card" before going to the US, because only permanent residents can have green cards, and she does not become a permanent resident until she enters the US with her immigrant visa.

[JoeF]

Hmm, you can not file a GC for a niece. I assume you filed for your sibling, and his/her spouse and minor children.

CSPA protects against aging out, but the child has to remain unmarried up to entry with the immigrant visa to qualify for CSPA.

Edited December 11, 2019 by JoeF

[Michael John]

@JoeFso the neice has to enter the US with their parents or can she come alone? though she would have gotten GC as family?

[Shiva P]

Thanks for your replies.

[newacct]

34 minutes ago, Michael John said:

@JoeFso the neice has to enter the US with their parents or can she come alone? though she would have gotten GC as family?

A derivative beneficiary can enter at the same time as, or any time after, the principal beneficiary enters.

[Shiva P]

On the same note, once my niece enter US along with her mother as a dependent with immigrant visa, is there a limit on time how long she has to wait before she gets married?

[newacct]

On 12/22/2019 at 4:44 PM, Shiva P said:

On the same note, once my niece enter US along with her mother as a dependent with immigrant visa, is there a limit on time how long she has to wait before she gets married?

No. She can marry the next day if she wants. But her spouse will not be able to immigrate as her derivative beneficiary; she will have to petition her spouse.