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ajoman84

Pending i-130 conversion to spousal or fiancee visa

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I had petitioned for my brother through I-130 a few years ago (he still has 10 years+ to go).

 

Now, he is engaged to be married to a U.S. citizen and wants to go through her for his USA immigration (either fiancee or spousal visa). What should we be doing to make sure we handle this correctly? 

 

Should I withdraw my petition for my sibling?

Is there a way to 'convert' my petition over to his fiancee and will that put him in a new category ?

We are open to spousal or fiancee visa options, depending on what is involved for either.  

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No need to withdraw or convert.  He can have multiple petitions......I suggest he and his fiance consider the CR-1.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �


 

Edited by missileman

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Yes, don’t withdraw yours, you never know what happens. (You can’t convert it.)  If he does get a green card through marriage, the existing petition you have for him will lapse. (Speaking from personal experience getting a green card through a different avenue while an F3 was in progress.)

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