New I-130 Needed?

[frankie93535]

Hello all,

My father was petitioned by his sisters a few years back and his I-130 was approved. Since petitioning, my parents have married and my mom has just become a US Citizen. We would like to submit an I-485 for my dad so he can obtain his green card. I hope someone on this site might be able to assist with the following: Would a NEW I-130 need to be submitted for my dad listing my mom as the petitioner along with the I-485, or would we simply submit the I-485 since the I-130 submitted by my aunt was already approved back before the marriage?

[BIVANIARO]

Hello all,

My father was petitioned by his sisters a few years back and his I-130 was approved. Since petitioning, my parents have married and my mom has just become a US Citizen. We would like to submit an I-485 for my dad so he can obtain his green card. I hope someone on this site might be able to assist with the following: Would a NEW I-130 need to be submitted for my dad listing my mom as the petitioner along with the I-485, or would we simply submit the I-485 since the I-130 submitted by my aunt was already approved back before the marriage?

Hi,

If I'm not mistaking you will need to file a NEW I-130 for your father. When you submit the application, ALSO INCLUDE the OLD and approved I-130 from when your aunts petitioned for him. Reason i say this is because, my aunt petitioned for my mother (and I was a beneficiary of that) when we were little and got approved. However, bc of the waiting time we weren't able to file for AOS yet. Though now, I got married and my husband is a USC and he had to file a NEW I-130 petitioning me. When did non-concurrent filing and got the I-130 approved first. After we filed the rest of the AOS documents and included BOTH approved I-130's.

In your case, depending how you are going to file for your father, I still highly suggest you submit the old approved I-130 with the new I-130. The I-130 is letting them immigration know who is petitioning and sponsoring your father. Like in my case, at first it was my aunt. Now it is my husband.

Hope this helps. And please note that this is just from my own experience, use at your own discretion.

Best wishes,

B. Ro.

[newacct]

Just because the I-130 petitioned by his sister is approved doesn't mean he can immigrate on it. He also needs to wait until a visa number is available, which he will still have to many years or even decades for, depending on his country of birth, because the wait in the F4 (sibling) category is very long.

Immigrating now on a petition by his spouse makes sense. Since it's a different petitioner, a new I-130 petition is needed.

What is his status? How did he enter the US?