Parent petition for children and children's family

H

hello714

Registered Users (C)
My friend has some questions about his petition for his children.
After he came in USA in 2004 as green card holder, he filed I130 for his son who was under 21 at that time and the I130 was already approved. Now he just became US Citizen.
However, his son now is over 21 and married for 3 years and has a 1-year old child.
What will my friend need to do in order to petition for his son, wife, and the baby in the fastest way?
 
If his son got married after his parents became USC. Can the parent file petition for immediate visa ?
 
hello714 said:
So it doesnt matter the son got married before or after the parents got USC.
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It does matter. If the son married after the parents became citizens, he'd switch to FB3 and the original I-130 would remain valid. Since he married before they became citizens, the I-130 got canceled and a new one needs to be filed.

How to file FB3 I130 ? Which forms?
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It's an I-130, same as before.

If he filed this, what is priority date for this FB3 I130? 2004 (old I130 filed) or 2009
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That's a very interesting question, which I don't think anyone here can tell you. I'd try and claim the old priority date if possible, but I haven't seen a case like this before, where the results were reported back to us.
 
I'm 99.9% positive it'll be 2009. I surfed through different situations getting the old priority dates and this one was not under any of them.
 
TheRealCanadian said:
If the son married after the parents became citizens, he'd switch to FB3 and the original I-130 would remain valid. Since he married before they became citizens, the I-130 got canceled and a new one needs to be filed.
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Since the original I130 approved in 2004, he hasnt informed marriage to USCIS.
SO i think if the son wants to keep original I130's priority date, he need to show proof that his marriage occur after his parent became USC.
I heard someone "fix" date on marriagee certificate in foreign country.
 
A GC can be revoked for fraud. Falsifying marriage date is - you guessed it - FRAUD.

It would be unbelievable stupid to attempt to illegally obtain an immigration benefit by claiming to be single when actually married.
 
Concerned4us said:
A GC can be revoked for fraud. Falsifying marriage date is - you guessed it - FRAUD.

It would be unbelievable stupid to attempt to illegally obtain an immigration benefit by claiming to be single when actually married.
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Thanks for advice. I know this is serious.
 
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