Help with I130

J

jayesgirl

Registered Users (C)
OK Hear Goes.

My mother applied for my sister Unmarried over 21 with 3 kids in October 2006 as a green card holder.My mom became a US Citizen back in September 2008 sworn in and has her passport also. The problem i am having is this are I130 was approve on June 24 2009. My sister went an got married November 2008.She also has one additional child that was born October 2002 that was not added in with the paperwork. So how those she go about adding these additional people her son and her husband.And with the fact that she is married now will that make the petition null and void. Would my mom need to refile under US Citizen filling for married over 21 and 4 kids.Help Pleases any additional questions or answer please feel free to ask or post. Mother in California, Sister her husband (Not Children Biological Father) and four kids in Belize.We are also having a problem with the biological father where he would need to sign off and give consent now he saying NO, is there a way around this or would my sister need to go ahead and get her green card and file for them when there 18.
 
I'm not sure I understand your request fully, who is related to who? Is the husband your mother's husband? Are the other children your mother's children? She can't petition for grandchild or sons-in-law.

As for your sister, she MIGHT be okay because she got married after your mother's naturalization. Your mother SHOULD have requested an upgrade immediately after her naturalization, and she could try to do this now, see USCIS guide A1 for instructions. A child of a PR abandons her application when she marries.

Judging from your description and your writing it would be a good idea to have a lawyer for your applications if you can afford it.
 
I130

My sister is my mother child when she filled it was under pr in October 2006.my sister got married Nov 21 2008.my mother became a citizen September 24 2008.So what you are saying is its only my sister my mother filed I130 for not the 4 grand kids.we do have a attorney but her fees went up this year and my mom can't afford to go back to her.So i am trying to help her the best way i can.When i filed for my gr i did the paper work my self without an attorney.Evey thing went fine with the help of this web site from 2003 to 2005.Hope to the the same this time.Many heads are better than one.

Also thanks for your reply hope to hear more.
 
Sorry, I misread your first post. Your sister married before your mother became a citizen, which means that her application was abandoned, and I believe your mother will have to start over and file a new I-130 to sponsor her. Maybe her family can file derivative I-485 applications with the new I-130, I don't know.
 
No my sister got married November 21 2008after my mom became a US Citizen Sorry my mom just corrected me it was the day my brother graduated HS June 18 2008 I don't know how i forgot that we had 3 kids graduation and my moms sworn in all on the same day
 
Are you saying the I130 is only for my sister and not her Four or Three kids because we did pay the attorney to file for all five or four of them
 
I am not especially familiar with this and don't want to give you misinformation but I guess the way it worked is that your mother filed one I-130 petition for your sister and everyone in your sister's immediate family with consular processing since they are not in the USA.

Now you're back to saying that your mother was sworn in before your sister got married. Again ideally she would have upgraded her petition BEFORE your sister got married so there would be no questions.

If you don't have an attorney I would get second opinions and be very careful.
 
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your mom's I-130 will cover your sister, her spouse and all of her children as derivatives.
Your mom needs to update her petition to that of a USC citizen sponsoring a married adult daughter. It will delay the process by about 1-2 years, but the sister's husband will be able to immigrate with her. Children will be able to immigrate as long as they are under 21 (plus whatever effect CSPA will have on them if they are over 21) and unmarried.

You will need to find out in your country whether any permission is required from the biological father so that his kids can leave for the States.
 
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If they accept this then your sister's priority date will become current immediately.
Click to expand...
this is not going to happen, because she is in the 3rd category now. Why would you even think it'd be current when there are no categories with PD after 2006????? they are all way before 2004.
2b category is at 15APR01. 3rd category is 22OCT00. Where did you see any current categories for 2006?

She is looking at about 6 more years of waiting.
 
Hope this help


I130 filed October 12 2006
I130 Approve June 24 2009
Mom became US Citizen June 18 2008
Sister got married November 21 2008
(Lives In Belize} With Husband & Kids Girl 11 Twins 9 Boy 6
At the time of I130 filling the girl and twins where in my sister passport so they where also filed for because they live in Belize.The question i have is since my mother had filed for her when she was a green card holder for a unmarried son/daughter over 21 and did not become a US Citizen till June 08.Then she got married Nov 08.Those this void her application. Can she had the last child at time of interview, or would that be a separate application.
 
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