I-130 upgrade through USC parents

E

EricNeesGC

Registered Users (C)
Hey guys...I have a question for my brother. I know its possible to upgrade your I-130 if your spouse becomes a USC but is it possible to upgrade I-130 once your parents become USC? My parents applied for my brother in 1998. He just received a RFE. However, since 1998, my brother got married and thus disqualified from filing for AOS. Since my parents are now USC, they can apply for him and his wife again. I was just wondering if can use the original I-130 and upgrade it or just file a new one.

Thanks
 
They can apply for them (your brother and his wife), but check the procedure at http://uscis.gov/graphics/howdoi/child.htm

you can't use the original that you have, is a totally new application because now their status are USC and your brother is married. In any case call the Customer Service to check it out what is the best way to proceed. And they will have to wait for a visa number because he is married. Check the link.

good luck,
 
cherr1980 said:
They can apply for them (your brother and his wife), but check the procedure at http://uscis.gov/graphics/howdoi/child.htm

you can't use the original that you have, is a totally new application because now their status are USC and your brother is married. In any case call the Customer Service to check it out what is the best way to proceed. And they will have to wait for a visa number because he is married. Check the link.

good luck,
Click to expand...
Thats what I summed up after researching this category but just thought to get a second opinion.

Thanks
 
However, if your brother were to get "divorced", he would be unmarried again.

And therefore able to take advantage of the I-130 filed in '98. And with your parents now USCs, his priority date is now current.

Something to think about..........and probably consult with an immigration attorney before pursuing.....
 
QDude said:
However, if your brother were to get "divorced", he would be unmarried again.

And therefore able to take advantage of the I-130 filed in '98. And with your parents now USCs, his priority date is now current.

Something to think about..........and probably consult with an immigration attorney before pursuing.....
Click to expand...
Yes, that idea clicked me too but then...I think he prefers his wife over US immigration. Also, he can divorce her but then she will have to either get H-1 (she does not have acedamic qualifications for that) or F-1 (my brother cannot afford the fees). They will also have to remarry to apply for his wife's GC. It will be too much mess and hard to convince officer that the divorce and re-marriage were both legit.
 
EricNeesGC said:
Yes, that idea clicked me too but then...I think he prefers his wife over US immigration. Also, he can divorce her but then she will have to either get H-1 (she does not have acedamic qualifications for that) or F-1 (my brother cannot afford the fees). They will also have to remarry to apply for his wife's GC. It will be too much mess and hard to convince officer that the divorce and re-marriage were both legit.
Click to expand...

That is so bad, poor of your brother ha ha...you are divorcing him already!, but just a question, they got married here in the US?
Just check how long they have to wait for a visa number.

good luck,
 
cherr1980 said:
That is so bad, poor of your brother ha ha...you are divorcing him already!, but just a question, they got married here in the US?
Just check how long they have to wait for a visa number.

good luck,
Click to expand...
No. They got married in Pakistan. He is currently on H-1 and she is on H-4. Thanks for being concerned but I guess there are still people in this world who give family values priority over personal gains. I don't see anything wrong with it.

Thanks
 
Hi.
In this thread I found there is only one way to go. First of all Your parent can upgrade Application. When they have filled I-130 may be your brother was single so his category F2b. Right ? then he marry so he is out of status but I-130 is still there. Right? now your parent go Citizenship so you have to send their Nuterization Certificate along with I-130 and if you have its approval notice. What happen next. Thye will send you a latter about reciving of your documents that you sent. Then as your brother category is now F3 and his priroty dates are current so he will send you a NOA. and then process will start. If you file a new I-130 , Suppose you file it today then his priroty date will be July 08 2005. And you can see F3 category priroty date is 1998. So your brother need to wait 7 years. So do you want to wait for 7 years more.? If his I-130 is still there then you should consider it. By that he will get visa very soon


Best Regards.
Ali Azmat.
 
Hey EricNeesGC , don't get me wrong. I wasn't saying that it was something wrong with it, at the contrary I was just laughing about how to imagine to get divorce just to apply for something. In my view it is silly to do that.
In any case I don't think that the waiting for a visa number will be so long as others.

good luck,
 
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