Change of Classification due to Change in Marital Status

[EndlessWait09]

Hello

I am writing about my mother's I-130 petition, which was filed by my Grandmother who is a US Citizen.

My mother's I-130 was recently approved (June 2009) in the Family based Classification (Married Daughter over 21). Her Priority date is April 2002. We have not received any communication from the National Visa Center yet.

Before the petition was approved, my father passed away in Feb 2008.

Can my grandmother file an amendment to the approved I-130 indicating that my mother was widowed in Feb 2008? Will the USCIS change my mother's classification to unmarried/Widowed?

Can anybody who is familiar with the process suggest what can be done in this case?

If it is possible to change the classification, then my mother's wait time for GC will decrease by about a year.

Please help.

Thanks.

 

[kittenKat]

If your mom is single now she's in 1st category, which means she's eligible already (with 2002 priority date and I assume she's not from Mexico or Philippines). Your grandmom should contact CIS/NVC ASAP to start the process!

I'm not that familiar with "adjusting" (not sure it's correct word) outside the US, but I believe your mom should receive the papers from NVC (if you are in US you can just adjust by printing out all papers from their website - it's very straightforward).

 

[EndlessWait09]

Thank you for your response.

My mother is from India. And you are correct that the first preference category for "unmarried" is current.
Also, my mother is currently visiting the US.

Here are a few facts:

1. My mother's I-130 was filed (Apr 2002) before my father passed away (Feb 2008). At the time of filing, her marital status was "married".

2. We did not inform the USCIS about this. And therefore, the USCIS approved her I-130 petition in the "Third" preference category (Married sons and daughters over 21).

3. My mother has not remarried after my father's death. She is a widow.

I have a few followup questions in this regard:

1. In the eyes of the USCIS, is the marital status of being a widow the same as that of being unmarried?
2. Does my grandmother need to file a new petition (or an amended petition) for my mom indicating that she is now "widowed"?
3. If a new petition is not required, then what is the process of informing the USCIS?
4. If a new petition is required (for FB1), then can my mother retain the priority date of the original I-130 (Apr 2002)?

Gurus please help - this can make a huge difference in my family.

Thank you.

If your mom is single now she's in 1st category, which means she's eligible already (with 2002 priority date and I assume she's not from Mexico or Philippines). Your grandmom should contact CIS/NVC ASAP to start the process!

I'm not that familiar with "adjusting" (not sure it's correct word) outside the US, but I believe your mom should receive the papers from NVC (if you are in US you can just adjust by printing out all papers from their website - it's very straightforward).

 

[EndlessWait09]

anybody has any more thoughts on this?
thanks

Thank you for your response.

My mother is from India. And you are correct that the first preference category for "unmarried" is current.
Also, my mother is currently visiting the US.

Here are a few facts:

1. My mother's I-130 was filed (Apr 2002) before my father passed away (Feb 2008). At the time of filing, her marital status was "married".

2. We did not inform the USCIS about this. And therefore, the USCIS approved her I-130 petition in the "Third" preference category (Married sons and daughters over 21).

3. My mother has not remarried after my father's death. She is a widow.

I have a few followup questions in this regard:

1. In the eyes of the USCIS, is the marital status of being a widow the same as that of being unmarried?
2. Does my grandmother need to file a new petition (or an amended petition) for my mom indicating that she is now "widowed"?
3. If a new petition is not required, then what is the process of informing the USCIS?
4. If a new petition is required (for FB1), then can my mother retain the priority date of the original I-130 (Apr 2002)?

Gurus please help - this can make a huge difference in my family.

Thank you.

 

[Parveen Gupta]

Here the Answers to your above questions ::
1) Yes in the eyes of USCIS widow means 'Un-Married'
2) NO Need to file a new petition and your mother petition will retain the priority date of the original I-130 (Apr 2002).
3) Just Call INS to start the process as your priority date is current and they will further guide you

YOU need to filled Adjustment of status I-485 if she is currently living in usa

Go & Get your visa

Advice Hire a lawyer for paper work ...

Hope this will help you

All the best

Regards