I have been waiting for an immigration visa to the U.S. since May 1991. My immigration preference category is Family-2B. However, I got married in Canada in 1992 and have since become a Canadian Citizen. I currently live in Ontario. The National Visa Center has indicated they may schedule my visa interview to be held in Montreal, Quebec.

The U.S. INS have not been notified about my change of marital status but they are aware of the fact that I have been living in Canada. How would my current marital status affect my U.S. immigration case? Should I let them know about it? Would I be better off to have my interview in my country of origin (Hong Kong) rather than in North Anerica?

As you are now a Canadian citizen living in Ontario, the appropriate consulate for your immigrant interview is Montreal. However, your change of marital status in 1992 is a serious problem.

The family-based 2b preference is for unmarried sons or daughters of lawful permanent residents. Once you married, you became ineligible for an immigrant visa under this category. I do not recommend keeping this fact from the INS or Department of State as you are now clearly ineligible under the 2b preference.

In some cases, there is an automatic conversation from one preference category to another. However, it only occurs were specifically permitted under 8 CFR 204.2(h). If your petitioner (your lawful permanent resident parent) became a U.S. citizen before you married, you would have an automatic conversion from 2b to 1st preference and your original priority date would be preserved. Assuming that this is the case, when you married in 1992 your status would have automatically converted from 1st preference to 3rd preference and your original priority date would be preserved.

However, if this is not the case you have lost your priority date. Once your parent becomes a U.S. citizen, you can reapply under the family-based 3rd preference as a married adult son of a U.S. citizen. However, your priority date will be the date that you file your new 3rd preference petition.