Change petitioner without loosing time

[Jnegi1030 1]

HI,

April 18, 2013 my sister in law (over 21) had her case accepted at the USCIS.  My husband (her brother) is the petitioner.  Their mother got her green card and has been here for a few years as we are waiting on my sister in law processing time to come up.  I went online to see where they are at and noticed if the petitioner is the parent and a permeate resident (like their mom is) the time is a lot faster.  Is there a way to change over to have her the petitioner without loosing her processing date?  I hope this makes sense.

[Eric-Pris 1,602]

No.   You would have to file a new form and pay again.

[Jnegi1030 1]

thanks thought it worth asking. 

[geowrian 22,336]

No, you can't change petitioners. The I-130 petition itself is to establish the legal relationship between the petitioner and the alien, to allow them to apply for a family-based immigrant visa based on that relation.

 

You can have multiple I-130s from different petitioners active at a time. Whichever one becomes current first can be used to apply for the visa.

[dnp2014 44]

4 hours ago, Jnegi1030 said:

HI,

April 18, 2013 my sister in law (over 21) had her case accepted at the USCIS.  My husband (her brother) is the petitioner.  Their mother got her green card and has been here for a few years as we are waiting on my sister in law processing time to come up.  I went online to see where they are at and noticed if the petitioner is the parent and a permeate resident (like their mom is) the time is a lot faster.  Is there a way to change over to have her the petitioner without loosing her processing date?  I hope this makes sense.

You can do one thing.. her mother has been here for few years. Once she becomes citizen file another I-130... 

 

If her mother (GC holder) files now she has to live as unmarried until immigration. 

 

[geowrian 22,336]

1 minute ago, dnp2014 said:

You can do one thing.. her mother has been here for few years. Once she becomes citizen file another I-130... 

 

If her mother (GC holder) files now she has to live as unmarried until immigration.

No need to refile. Just contact NVC to notify them of the petitioner's change to being a USC and they can adjust the preference category from F2B to F1. Existing time spent in one category will carry over.

 

If the petitioner naturalizes before the beneficiary marries, then they will move the case to F3 preference at that time.

If the beneficiary marries before the petitioner becomes a USC, the petition dies.

[Jnegi1030 1]

2 minutes ago, geowrian said:

No need to refile. Just contact NVC to notify them of the petitioner's change to being a USC and they can adjust the preference category from F2B to F1. Existing time spent in one category will carry over.

 

If the petitioner naturalizes before the beneficiary marries, then they will move the case to F3 preference at that time.

If the beneficiary marries before the petitioner becomes a USC, the petition dies.

The mother is 78 years old so not sure she has any intention of becoming a citizen.  The Sister is 45 and single and no intention of getting married anytime soon. I was trying to see what would be faster but the timelines seem to have a huge difference when i check timeline via the processing center seems to be doing 2011 priority date right now. but according to the bulliton it says 2003.  So i dont know what to beleive. 

[geowrian 22,336]

8 minutes ago, Jnegi1030 said:

The mother is 78 years old so not sure she has any intention of becoming a citizen.  The Sister is 45 and single and no intention of getting married anytime soon. I was trying to see what would be faster but the timelines seem to have a huge difference when i check timeline via the processing center seems to be doing 2011 priority date right now. but according to the bulliton it says 2003.  So i dont know what to beleive. 

USCIS processing timelines are only for the I-130...and are only processing timelines. An approved I-130 is the first step, but then it will sit at NVC waiting for an immigrant visa number to become available. This is determined by the visa bulletin. So 2003 is the correct one to use for the existing petition, and it does not advance one month every month....it can go faster or slower based on how many F4 visas are actually issued in a year (since they are quota-limited).

 

Current petition (PD: 4/18/2013):

F4 (India) (sibling of a USC): http://www.myprioritydate.com/?pd=04/18/2013&pr=14

 

If the mother files today:

F2B (India) (unmarried son/daughter of an LPR): http://www.myprioritydate.com/?pd=10/30/2017&pr=12

 

If the mother files today and eventually becomes a USC:

F1 (India) (unmarried son/daughter of a USC): http://www.myprioritydate.com/?pd=10/30/2017&pr=10

 

All of the above are estimates based on how long it took in the past...no guarantees of future advancement. The F1 category seems to be the fastest. You can have both the existing petition and one from the mother active at the same time.

[dnp2014 44]

23 minutes ago, Jnegi1030 said:

The mother is 78 years old so not sure she has any intention of becoming a citizen.  The Sister is 45 and single and no intention of getting married anytime soon. I was trying to see what would be faster but the timelines seem to have a huge difference when i check timeline via the processing center seems to be doing 2011 priority date right now. but according to the bulliton it says 2003.  So i dont know what to beleive. 

You can't change the petitioner. Her mother can file for her. Per visa bulletin can save 7 years... F2B current Nov 15, 2010

[Boiler 43,696]

The Sister will be getting on for 60 when the petition is current, seems an odd point to move.