Family based GC - F2b question please

[Friend4youall]

Hi Friends,

First of all I would like to thank Murthy Law Firm for serving the Indian community by providing valuable suggestions. 

I have a question on Family based GC - F2b. I really appreciate if any of the experts/attorney answer this.

I have a son aged 23 and two years back his status we changed from H4 to F1 due to age out on H4, currently he is on first year of OPT. At present I filed my I-485 and he is not eligible to get include in that because of his age. So If I get a GC next year, I think I can file a GC for him under F2b category. This category says unmarried son/daughter under age 25 are eligible. My question is the age should be under 25 at the time of filing GC application or at the time of filing i-485 or at Final action date?

It would be a great help for me if any one answers this question.

Thank you very much

Edited October 29, 2020 by Friend4youall
looking for email notification

[newacct]

Unmarried child of any age is eligible

[JoeF]

There is no age limit for F2B. The only restriction is that the beneficiary has to be unmarried.

[Friend4youall]

Thank you very much for your reply.

Another question, my child should be unmarried as of initial filing or as of final action date? Can you please help on this

 

Thanks a lot 

 

[JoeF]

On 11/3/2020 at 3:12 PM, Friend4youall said:

Thank you very much for your reply.

Another question, my child should be unmarried as of initial filing or as of final action date? Can you please help on this

 

Thanks a lot 

 

The child needs to be unmarried all the time until approval of the GC.

Marriage before that invalidates the application.

Edited November 7, 2020 by JoeF

[newacct]

The child needs to be unmarried until he becomes a permanent resident. Assuming that he is doing Consular Processing outside the US, that means he must remain unmarried until he enters the US with his immigrant visa.

If the petitioning parent becomes a US citizen, the child can marry after the parent becomes a US citizen (but not before), and it won't kill the petition (it will just move from F2B -> F1 -> F3 category), but F3 category has several years longer wait, so it's still not a good idea to marry before immigrating.