Petition upgrade

[648applier]

To the best and the brightests:

I filed I-130 for my un-married children. They were over the age of 21 and I was Green Card holder. Now their dates are going to be current soon after 10 years. In the mean time my 3 sons got married one son divorced and one is still single. I have become US Citizen today. Here is my question: Can I file for petition upgrade? because I am getting conflicting info. One of the attorney said I have to refile I-130 for the sons who got married during waiting for their immigrant visa and divorcee also need to be refiled. But single son is OK? Please help.

 

[princesskate]

One of the attorney said I have to refile I-130 for the sons who got married during waiting for their immigrant visa

The attorney is correct. You have to refile the I-130 for your married son.

and divorcee also need to be refiled.

I'm not sure about this one. Once your divorcee son got married, the I-130 was supposed to be voided immediately. HOWEVER I've heard similar case which had gone through years ago - I don't know how it went through, but the case just got approved.

But single son is OK? Please help.

Yes you can upgrade his case to F1.

 

[648applier]

Thank you very much for the response. Basically they punch people for getting married. Is there any discount on refiling?