Beneficiary passed away (sister)

[Monica_RO 0]

Okay so I applied for my sister I-130 in 2008. She passed away from cancer last year. I have a brother who lives abroad who I would like to change her name on the petition with his name so we don't have to start over again. I called USCIS and NVC and they keep telling me to call the other agency. I cannot get a clear answer if that can be done. The petition was approved in 2009 but a visa was not issued yet because of the visa limitation. I wonder if its possible to change my sister name with my brothers on the same petition???

[Merrytooth 5,748]

not possible.

You need new petition for your brother.

[fbragasilva88 17]

I can't see that happening at all, you will have to make a new one.

[Boiler 43,436]

Was there a reason you did not petition your brother in 2008?

[Monica_RO 0]

Was there a reason you did not petition your brother in 2008?

Well, I regret it now, but at the time he told me there is no way he would move to the US. Now, 7 years later, he changed his mind. He also had a visitor's visa for 10 years and never visited me here... Oh well... like they say - never say never.

[Boiler 43,436]

No harm filing, who knows what he might want to do.

[Monica_RO 0]

No harm filing, who knows what he might want to do.

I know but at the time he was well establish in Europe and never thought things would change. 7 years later he has 2 kids and his perspective in life changed too. When I filed for my sister I didn't have $400 just laying around so I didn't, thinking about what is the point spending money if my brother said he'd never come to the US? I should have known better and invested the money... Now he'd give anything to come here... Unfortunately he will have to wait another 8-10 years for that to happen.... Lesson learned.

[Boiler 43,436]

Most unlikely to be that quick. It will be what it will be.