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crboye

I130 petitioner US Citizen vs US Resident

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Filed: I-1 Visa Country: New Zealand
Timeline

Hi,

My father is a US resident and is married to a US Citizen. They have applied for an I130 for unmarried son or daughter over the age of 21 for me. We have used his wife (US Citizen) as the petitioner as we thought it was faster. We have received conformation and approval but are now waiting for the visa. Unfortunately looking at the visa bulletin is it correct to assume that it would be faster to apply for the I130 using my father (US resident) as the petitioner and not US citizen? Am I able to apply again with him as the petitioner? or change the petitioner from USC to USR? Thanks.

Edited by crboye

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

he can file another petition for you, a person can have more than 1 petition at the same time. I assume they were married before your 18th birthday or she wouldn't have been able to file for you. She could have filed for you at the same time she filed for your father.

but anyway it isn't faster, both categories are over 7 years of waiting

and just because this month the category 2B is ahead in a few months of category F1, it doesn't mean it will stay the same during all the years of waiting. The category F1 has always been faster than the category F2B. The visa bulletin varies from month to month

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Hi,

I assume as well that your stepmother and your father married before you were 18, in order for her to be able to petition you. It takes about the same amount of time to be petitioned by an LPR F2B as it takes by your stepmother F1.

I wouldn't bother with a new petition since you would have a later PD and your stepmother's petition would definitely make it to the front of the line first. It would be a waste of $420.

Also with the stepmom's petition, you have the possibility of getting married and not having your application revoked. Keep in mind however that if you do get married, you will set yourself back at least 3 or 4 more years.

Therefore, if you do want to get married now or in the near future, wait until you become an LPR first, get married, then petition your spouse. If you would rather wait the 3 or 4 more years, that is ok as well.

Lastly, you wouldn't be able to change the petitioners, but rather he would have to file a new petition for you. But like I said the PD date wouldn't be the same.


This does not constitute legal advice.

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