I-130 Question

A

Aniket19

Registered Users (C)
I need help. Let me explain our cituation.

My wife is US Citizen and she has 2 sisters and they both are married, one is Canadian Citizen who lives in Canada and other one is US citizen who lives in India. When US Citizen sister (at present lives in India) was living in US, she filled relative application (I130) for Canadian sister in 2007. Now this US Citizen sister went back to India permanentley and Application for Canadian sister is active, how US Immigration will treat the application.
Following are my questions
1-Does US Citizen sister will need present in US at time of approval of case? And what will happened if she is not in US since she has made up her mind that sha is not coming back to US?

2- Can my wife take over the sponsership from her sister so this way she doesn't loos the priority date? If yse, please let me know the procedure.
3-Or we have to start all over again?

Thanks in advance.
 
Last edited by a moderator:
The sponsoring sister must move back to the US towards the end of the process, when it approaches time to submit additional paperwork and prepare for the consular formalities. But that would be around 2017 or 2018, based on projections from the visa bulletin.

Nobody else can take over the sponsorship, apart from certain provisions in the event of death of the original sponsor. Your wife should file a new petition now; it is acceptable to have multiple simultaneous positions as long as the petitioners are different.
 
Thank you for your reply Jackolantern. I just have one more question.
If my wife applies now, will this be considered as fresh application and will have another priority date? Or there is a way that we get priority dates from current pending petition? Thanks a lot.
 
The petition filed by your wife would get a fresh priority date and have its own timeline, with no transferring or otherwise benefiting from the older priority date of the sister's petition.

For family-based petitions there is no provision that allows transferring priority dates from one petitioner's case to another. That fact has been established in multiple court cases.
 
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