Please advice! automatic cancellation of pending I-130?

R

rethj

New Member
In 1997 my father (got his green card in 1996) filed I-130 for my
sister in India (who was 26 yrs old)at that time. The petition (2nd
preference)is still pending since the current priority date on 2nd B
preference is APR94. Sister got married in early 2001 and Father got
his citizenship in Oct.2001.

How would these events affect the current petition? Does it mean that
the current petition is cancelled(invalid)automatically and a new
petition has to be filed? Or, is there a way to change or adjust the
status? If there is an adjustment of status available,will the
petition get transfered to the Third(Married Sons and Daughters of
Citizens)category?

thanks much
rj
 
The original I-130 is still valid. You can still use the original petition, but will be shifted to the new category. You can also use the origianal priority date as well.
 
Your sister's petition was terminated the day she got married. A PR cannot repeat cannot file I-130 for a married children.

If your sister had gotten married after the petitioning parent became a USC, then the petition would be alive and grandfathered from F2B to F1 to F3.

Right now, a new petition will have to be filed.

Sorry, Albert Einstein.
 
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