I-130.transfer petitioner?

J

juancho123

Registered Users (C)
Hi if anyone can help me,
My father is was a Legal Permanet Resident, and he file a I-130 for me (son) since in 2004, but he died in Aug 2008.
Now i'm just marry few days ago and she is a US Citizen, my question is should i need to contact USCIS to cancel my current I-130 since the petitioner(father) died and file a new I-130 from my wife or Can just transfer my old I-130 from my father to the new I-130 that i'm going to file using my wife as a petitioner?. thank you
 
You can forget about the old petition.
Just have your USC wife file a new petition for you. As an immediate relative of USC, you don't have to wait very long - 6 months in average. Are you in the US already?
 
ohh i cee, but when i going to fill or my wife fill me a new I-130 petition do i need to let the USCIS know that i have a I-130 pending or they automatically cancel my old petition when i submit my new I-130 petition from my wife sponsor.
yeah right now i'm living in US. and by the way thank you VisaNutz for respond :D
 
She needs to file a new petition. They won't automatically cancel the old one upon the new one being filed, because it is allowable to have multiple I-130's pending simultaneously.

At the GC interview, inform USCIS of your father's death (if you haven't already informed them) so they can properly close out that file. Bring a copy of the old I-130 receipt or case number so they can locate the file easily.
 
hi Jackolantern, thank you for your reply also...
Really? so it's allowable to have multiple I-130 pending simultaneosly? i didn't know that.
so while my wife file a new one and when its approved and when i go the GC interview i just inform about my old I-130 and explain that my father died and they close out without other problem like:penalty fees other things that can maybe affect me on obtain a GC?
 
juancho123 said:
Really? so it's allowable to have multiple I-130 pending simultaneosly? i didn't know that.
Click to expand...

Yes. Especially since you don't file any of them.

so while my wife file a new one and when its approved and when i go the GC interview i just inform about my old I-130 and explain that my father died and they close out without other problem like:penalty fees other things that can maybe affect me on obtain a GC?
Click to expand...

Why would you be penalized for your father dying?
 
nooo just worry coz, maybe they think that i was hidden my father dead and doesn't want to let they know .. But know i more calm thank you all you guys for your answers.......
 
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