I130 Information

[xos]

Hello,

I'm from Israel and my mother (a US citizen) filed for me, my wife and 2 kids back in 2000. My priority date is July 24, 2000.

Back in April, 2008 (yes 8 years later) my atourney got the paperwork to pay the IV Immigrant Visa Bills and the AOS, which was payed.

April, May, June, July... 4 months have gone by without any answer. I found out that the line has been 'frozen' at June 08, 2000 and has been for four months. My priority date is July 24, 2000, so I have to wait until it reaches that date.

My issue is,

Me and my wife are getting a divorce. My mother filed for me when I was married under the FAMILY-SPONSORED PREFERENCES (3RD).

What will happen if I get divorced?

Do I get to stay in the FAMILY-SPONSORED PREFERENCES 3RD and wait for my priority date or do I go to the FAMILY-SPONSORED PREFERENCES 1ST which the line is in March 15, 2002, apply for adjustment of status and get my visa in the the US.

Or, do I go to the back of the line on the FAMILY-SPONSORED PREFERENCES 1ST and have to wait another 8 years?

Any insight on this appreciated. Thank you.

 

[LucyMO]

after you get divorced, your mom will upgrade your petition to 1st category, and your PD becomes current.
You can't adjust your status, since you are outside the US.
You will get your immigrant visa.

Did your mom file your I-130 after she became a citizen?

 

[xos]

Hi,

I am currently in the US and planning on adjustment of status. However, this divorced thing has just come up.

Ok, so if I get divorced my mom can upgrade my petition to 1ST category making my PD current. What is PD?

Which means I can submit Adjustment of Status for myself and my two sons as soon as I'm divorced?

Did your mom file your I-130 after she became a citizen?

Yes.