Family based greencard

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lc_in_process

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I am living in US with H1B. My parents are US Citizen. They applied for my GC in 1997 August when they were GC holders and I was not married. Now I am married and they are USC. I had couple of questions:

1. Can I file another I-130 to modify the category of earlier application and keep the priority date.
2. If I can has anyone done that what is the process.

I greatly appreciate any help.
 
lc_in_process said:
I am living in US with H1B. My parents are US Citizen. They applied for my GC in 1997 August when they were GC holders and I was not married. Now I am married and they are USC. I had couple of questions:

1. Can I file another I-130 to modify the category of earlier application and keep the priority date.
2. If I can has anyone done that what is the process.

I greatly appreciate any help.
Click to expand...

Your petitioner needs to contact INS service center to upgrade your case from f2b to f3. if you belong to worldwide cut-off date, you and your spouse can file I-485 because your priority is current upon approval from INS. You do not need to file a new I-130.
good luck
 
I have the priority dat of December 6th 1997 for the first application that my parents filled for me. I am a person born in india hence I guess the priority date is current since the retrogated date is 1st April 1998. Has anyone been in this situation and gone thru the same process. Please let me know. Also if there is any lawyer who is willing to work on my case please email me at naman.patel@sbcglobal.net. I am livind in bay area california so let me know if you can handle the case.
 
familybased said:
Your petitioner needs to contact INS service center to upgrade your case from f2b to f3. if you belong to worldwide cut-off date, you and your spouse can file I-485 because your priority is current upon approval from INS. You do not need to file a new I-130.
good luck
Click to expand...
USCIS is saying that since at the time when petetion was filed you were single hence my wife needs to go back to India if I choose to acccept that Green Card. Do you know if this is the case or I need to something else too.
 
answer

I do not think that your wife needs to go back. you need to make sure that your marriage took place after your parent naturalized to retain your priority date. Both you and your wife are protected by 245i clause if either of you is out of stauts. If your wife has violated any immigration status, she definitely does not want to use consular services that would trigger 3/10 years ban. Of course, if both of you are in good immigration status, you can choose AOS or consular service.

Your parent needs to write a letter to INS service center which approved your I-130 petition and attached a copy of your I-797 approval notice and the copy of your parent's USC certificate. Once INS approves your upgrade, you and your wife can file AOS togeter.

You may want to discuss with a lawyer for detail. there are many good immigration lawyers in bay area. It should be a straight case.

Inida F3 (May 8th, 1998) category is in same pace as world wide cut-off date; therefore your priority date is current after upgrade.

http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html


Good luck
 
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