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Filed: Timeline
Posted

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My sister filed an I-130 petition on my behalf in April 2001. While her petition was pending, I married my USC wife last year and we filed for AOS. My wife's I-130 and the I-485 were approved this year and I received a green card a few months later.

During my wife's application and interview, I brought up the fact that I had a previous pending petition filed on my behalf by my sister. Last evening, I received a case status email from USCIS stating that an RFE notice was mailed on 9/24 regarding my sister's I-130 pending. I am not sure what the RFE is requesting since my sister hasn't received the mail yet.

My question is: Since I already have my green card,

1. Should my sister withdraw her petition since I have a green card now? Is there any process for that?

2. Should my sister not respond to the RFE at all? I understand that her petition will be abandoned if she doesn't respond within the time allotted

3. Is there any benefit to following through on my sister's I-130 petition?

Thank you for your help.

KSHEALTH

Posted

I would think, the last thing you/your-sister would want to do is 'nothing' (as in not respond to the RFE) and there is no benefit to going through with the I-130 since you're already a resident - can't be a double-resident.

The petition should be withdrawn - if it were me (and since you/she is getting an RFE) is to respond to the RFE with a letter of withdrawal. Explaining the reason, giving the case number that was approved and possibly even giving a copy of the approval notice (and a copy of the PR/Green Card wouldn't be a bad idea also). That should close the books on this case - USCIS should respond with a confirmation.

 
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