TN Visa and Marriage to a U.S. Citizen.
1. Validity of approved petition. 8 C.F.R. 204.2 (h) and § 205.
Unless terminated under INA § 203 (g) or revoked under 8 C.F.R. § 205, an approved immediate relative petition remains valid for the duration of the marriage between the U.S. citizen and foreign citizen.
2. Automatic Revocation.
An approved I-130 immediate relative petition is considered automatically revoked as of the date of approval if:
(A) Filing fees are not paid within 14 days of notice of returned check.
(B) Any of the following circumstances occurs before the Beneficiary enters the U.S. with an immigrant visa or USCIS approves the Beneficiary’s Adjustment of Status application:
(i) The Petitioner provides written notice of withdrawal of the I-130 petition to USCIS.
(ii) The Beneficiary dies.
(iii) The Petitioner dies, unless USCIS finds that based on humanitarian grounds it would be inappropriate to revoke the petition.
(iv) The legal termination of the marriage between the Petitioner and Beneficiary.
(v) With respect to I-130 immediate relative petitions for children, if the child reaches the age of 21 or when he or she marries.
3. Revocation by Notice.
USCIS may revoke the approval of an I-130 petition upon notice to the Petitioner based on any ground other than those specified above provided there is “good and sufficient cause” for the revocation.
4. References:
- USCIS Memo - Guidance on Surviving Spouse's I-130 (06-15-09).
- DHS Notice - Interim Relief for Widows of U.S. Citizens (06-09-09).
- USCIS Memo - Effect of Petitioner's Death on I-130 (11-08-07).
- USCIS Letter - Reinstatement of I-130 After Death of Petitioner (06-13-06).
- INS Memo - Substitute Sponsor / Death Petitioner (06-15-02).