Can I Change Petitioner after I-130 approval?

[mikega40 0]

I am US born citizen and married to immigrant wife. She has been here 4 years and 3 months as Green Card holder.

She filed Form I-130 for her 12 year old son, and it has been approved and the process is in Post-Decision Activity.

But we just called NVC and they said there is a back-log of available visa numbers and it may be long time before her son can get his visa number and come to US with us.

QUESTION:

Is it possible to change the Petitioner from her name to mine, since I am a US Citizen and he would be qualified for immediate visa number?

If not, would it be faster to cancel her petition and me (citizen) file a new I-130 ?

[Penguin_ie 5,986]

You cannot change petitioner, but you can file a second petition in your name.

[aleful 1,905]

I am US born citizen and married to immigrant wife. She has been here 4 years and 3 months as Green Card holder.

She filed Form I-130 for her 12 year old son, and it has been approved and the process is in Post-Decision Activity.

But we just called NVC and they said there is a back-log of available visa numbers and it may be long time before her son can get his visa number and come to US with us.

QUESTION:

Is it possible to change the Petitioner from her name to mine, since I am a US Citizen and he would be qualified for immediate visa number?

If not, would it be faster to cancel her petition and me (citizen) file a new I-130 ?

as stated you cannot change petitioner, but you can file another i130 and later cancel the other petition.

a person can have more than one petition on their behalf.

[RICARDO4EVA2 194]

QUESTION:

Is it possible to change the Petitioner from her name to mine, since I am a US Citizen and he would be qualified for immediate visa number?

No.

If not, would it be faster to cancel her petition and me (citizen) file a new I-130?

Yes.

Edited March 30, 2011 by RICARDO4EVA2

[Harsh_77 716]

You might have to look into it a little deeper before you cancel the ongoing petition and file a new one.

You need to check if you can actually sponsor him, you are not the biological father, so how does that work?

That would be a critical factor for the case to procede, can you file for your wife's son based on your marriage?

[RICARDO4EVA2 194]

You might have to look into it a little deeper before you cancel the ongoing petition and file a new one.

You need to check if you can actually sponsor him, you are not the biological father, so how does that work?

That would be a critical factor for the case to procede, can you file for your wife's son based on your marriage?

hey Harsh - he will be able to petition for the child as a step son as listed on the form I-130. The child is eligible as a family member because the union was created before the child turned 18.

[Haarp425 26]

I am US born citizen and married to immigrant wife. She has been here 4 years and 3 months as Green Card holder.

She filed Form I-130 for her 12 year old son, and it has been approved and the process is in Post-Decision Activity.

But we just called NVC and they said there is a back-log of available visa numbers and it may be long time before her son can get his visa number and come to US with us.

QUESTION:

Is it possible to change the Petitioner from her name to mine, since I am a US Citizen and he would be qualified for immediate visa number?

If not, would it be faster to cancel her petition and me (citizen) file a new I-130 ?

So, in 6 months she will have 4 years and 9 months of being a GC holder in which she can apply to become a USC. Once she becomes a USC in a couple of months, her son will get a immigrant visa number since her son is an immediate relative.

If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition

If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:

•A copy of the biodata page of your U.S. passport; or

•A copy of your certificate of naturalization

http://travel.state.gov/visa/immigrants/types/types_2991.html

[RICARDO4EVA2 194]

So, in 6 months she will have 4 years and 9 months of being a GC holder in which she can apply to become a USC. Once she becomes a USC in a couple of months, her son will get a immigrant visa number since her son is an immediate relative.

If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition

If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:

•A copy of the biodata page of your U.S. passport; or

•A copy of your certificate of naturalization

http://travel.state....types_2991.html

Also a great suggestion.. and she can APPLY for the benefit 3 months prior to the 5 years.

[mikega40 0]

So, in 6 months she will have 4 years and 9 months of being a GC holder in which she can apply to become a USC. Once she becomes a USC in a couple of months, her son will get a immigrant visa number since her son is an immediate relative.

If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition

If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:

•A copy of the biodata page of your U.S. passport; or

•A copy of your certificate of naturalization

http://travel.state.gov/visa/immigrants/types/types_2991.html

First of all, I want to thank each of you for your very quick responses.

I was expecting an answer in a day or so, but it was literally minutes!

That was awesome. I feel bad for checking a day later and seeing so many responses.

All of your answers were informative.

It sounds like a made a big mistake by assuming the I-130 should be petitioned by my wife/his mother.

I sure wish I would have asked someone with experience.

So, if we let the process continue "as is" and/or until my wife becomes citizen, then were looking at 8 months at very best to get the visa number, but probably a little longer. 10-12 months until he arrives.

OR, if I go ahead and file now, were looking at about 6-8 months to get the visa number.

Does that sound like a good estimate, any additional suggestions would be greatly appreciated.

Thank you all once again for your help!

Mike

[mikega40 0]

First of all, I want to thank each of you for your very quick responses.

I was expecting an answer in a day or so, but it was literally minutes!

That was awesome. I feel bad for checking a day later and seeing so many responses.

All of your answers were informative.

It sounds like a made a big mistake by assuming the I-130 should be petitioned by my wife/his mother.

I sure wish I would have asked someone with experience.

So, if we let the process continue "as is" and/or until my wife becomes citizen, then were looking at 8 months at very best to get the visa number, but probably a little longer. 10-12 months until he arrives.

OR, if I go ahead and file now, were looking at about 6-8 months to get the visa number.

Does that sound like a good estimate, any additional suggestions would be greatly appreciated.

Thank you all once again for your help!

Mike

I spent a little time, reviewed and find this site is very informative and much more readable than the USCIS site. If I had started here, my wife's son would have been here in a couple more months, rather than what were expecting now of 6++ more months.

The answers to my questions are clearly stated here:

Title: How Do I Bring My Child, Son or Daughter to Live in the United States?

Link: http://www.visajourney.com/content/child

Just a word of advise... Spend as much time as needed to thoroughly research your process before beginning.

It will save you time, money and disappointment.

If your not 100% sure of what your doing, its advisable to spend a little $ to get it done right the first time by someone who knows .

Thank you VisaJourney