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visacheck

Approved petition after aging out and getting married

By visacheck in Bringing Family Members of US Citizens to America

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

I am posting (again) for my cousin.

Before my cousin got married, his wife (girlfriend at that time) had a petition filed by her LPR father. The petition was approved 2 months after but she aged out. She was not able to go to the US. Would that mean that the approved petition is revoked?

After the father became a USC the girlfriend and my cousin got married. Will the original approved petition be still valid for both of them? Or will the USC father have to file for a new I-130?

If the original approved petition is still valid, how will the USC father upgrade the petition now that there are 2 beneficiaries? His daughter and my cousin.

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
I am posting (again) for my cousin.

Before my cousin got married, his wife (girlfriend at that time) had a petition filed by her LPR father. The petition was approved 2 months after but she aged out. She was not able to go to the US. Would that mean that the approved petition is revoked?

After the father became a USC the girlfriend and my cousin got married. Will the original approved petition be still valid for both of them? Or will the USC father have to file for a new I-130?

If the original approved petition is still valid, how will the USC father upgrade the petition now that there are 2 beneficiaries? His daughter and my cousin.

The petition is still good. The petitioner should contact the NVC to request that your cousin be added to the petition for his daughter as a derivative beneficiary. He should include a copy of his naturalization certificate and a copy of his daughter's marriage certificate.

 
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