Change in petitioner

P

pyc123

New Member
Hello everyone!

I am new here and have a few questions that I hope you lovely people will be able to assist me with.

I recently became a USC (marriage based process) and would like to petition my mother for her GC.

This is the situation... My mother has already had her I-130 app approved however she is waiting on a visa to become available (I believe this is the correct terminology- if not, please feel free to correct me). She has been patiently waiting here in the US for going on 8+ years. Her legal status has unfortunately now expired. She is currently being petitioned by her mother (my grandmother, a GC holder- who, bless her heart, is not in the best of shapes).

Basically my question is, can I transfer/change my mother's application from HER mother to ME? I think I read somewhere that parents of USC do not have to wait for a visa. If so, how do I go about doing this? Will her current legal status have a negative effect? What forms would I need to fill out? And if this is at all possible, about how long will it take for my mother to receive her GC?

Thanks in advance!!!

PYC
 
pyc123 said:
Hello everyone!

I am new here and have a few questions that I hope you lovely people will be able to assist me with.

I recently became a USC (marriage based process) and would like to petition my mother for her GC.

This is the situation... My mother has already had her I-130 app approved however she is waiting on a visa to become available (I believe this is the correct terminology- if not, please feel free to correct me). She has been patiently waiting here in the US for going on 8+ years. Her legal status has unfortunately now expired. She is currently being petitioned by her mother (my grandmother, a GC holder- who, bless her heart, is not in the best of shapes).

Basically my question is, can I transfer/change my mother's application from HER mother to ME? I think I read somewhere that parents of USC do not have to wait for a visa. If so, how do I go about doing this? Will her current legal status have a negative effect? What forms would I need to fill out? And if this is at all possible, about how long will it take for my mother to receive her GC?

Thanks in advance!!!

PYC
Click to expand...



You can use her existing I-130 to file for her GC. Immediate relative of US citizens don't have to wait for a visa number, which includes your mother. So, you will need to file for all the forms, Notice of Action (130) which is already approve, a I-485, G325 (2-1 for her 1 for you), I-864, I-765 if you want her to work while she's waiting for the GC interview. If you come from a small DO, it is possible that they might grant her a GC without an interview. Her overstay will not be a problem, as long as she meet all other eligibility criteria. Good luck. The link below will educate you on all the forms which you need and cost of filing for her... ;)


http://forums.immigration.com/showthread.php?t=288201
 
wow, this is new to me. Could you change sponser on existing I-130 to another relative?
Let's say if I file for my sibiling and die before aproval of I-130 or I-485, Could my other GC holderd or USC relative(Mother or other sibiling) Pick up from there? This will save you money and time.Did I get it right? I have filled for my sibiling and my mother will come with GC soon, Can I just change the sponser from myself to my mother with on exsisting I-130?
 
Last edited by a moderator:
Your grandmother's petition for your mother is useless, because her overstay prevents her from adjusting status under that category and would also subject her to the 10-year ban if she left the US. You have to file an I-130 for her, so she can qualify as an immediate relative of a US citizen, as her overstay would not prevent her from adjusting status under the immediate relative category (but the overstay would still lead to her being banned for 10 years if she left the US before her green card is approved).
 
Last edited by a moderator:
Thanks everyone for your info.

Ok so basically if her current I-130 is of no use, she'd have to start the whole process over again??? Which is fine (not counting all the waste of time), however, won't USCIS know that she already has an approved I-130? Will this be a problem? Do they just disregard the last app?

And no she has not left the country.

Sorry for the 20 questions, but we are really trying to avoid going to a lawyer and if I can do this myself, I will.

Thanks again!!!
 
pyc123 said:
Thanks everyone for your info.

Ok so basically if her current I-130 is of no use, she'd have to start the whole process over again??? YESWhich is fine (not counting all the waste of time), however, won't USCIS know that she already has an approved I-130? Will this be a problem?No Do they just disregard the last app?Eventually
And no she has not left the country. That's good!

Sorry for the 20 questions, but we are really trying to avoid going to a lawyer and if I can do this myself, I will.

Thanks again!!!
Click to expand...

You have to start from the begining and It will take about 3-12 months for her to ge her Green Card... File all forms together : I-130, G325a, I-485, G325a, I864, I-693, I-765 (optiona), I-131(optional, I wouldn't bother on this one). Follow the instructions on each form!

Good Luck!
 
You must log in or register to reply here.
Top