Pending I-485 F2B category, petitioner passed away

[hgdangkhoi]

Hello everyone,

I have a pending F2B case filed by my mother, who is a permanent resident, with the priority date of February 14th, 2014. I applied for adjustment of status in September 2018, using the DATES FOR FILING CHART. As of right now, the visa buletin for F2B category for August 2019 is January 2014, so I estimate that by September, the FINAL ACTION DATES CHART would become current for my priority date of February 14th, 2014.

Unfortunately, my mother passed away last week. I read from https://www.immihelp.com/greencard/f...tion/misc.html, section Petitioner's Death, it seems that I have to submit the form I-864 and I-864A with a letter to reinstate the petition so that my dad can become the primary sponsor, with my brother using the form I-864A. Is this correct? Other questions are:

1. Have anyone gone through this process? What are the chance to succeed? Typically how long would it take for USCIS to get back to us with the decision whether they approve to reinstate the case or revoke it?
2. I have a girl friend that we were planning to marry for a few year. She just got her Citizenship last week. I'm not entirely sure that I should follow the procedure above to wait for the decision of my mom's case, or go ahead with the marriage and the new marriage immigrant process. Reason why I'm asking question 1 to also see that if the success chance are low, maybe I should go ahead for the marriage without waiting?
3. For my case, is this applying to Section 204(I) https://www.uscis.gov/greencard/sect...ving-relatives, or the Humanitarian Reinstatement: https://www.uscis.gov/greencard/huma...-reinstatement ? I am having some trouble understanding the differences

Thank you for any suggestion!

[azblk]

Hello everyone,

I have a pending F2B case filed by my mother, who is a permanent resident, with the priority date of February 14th, 2014. I applied for adjustment of status in September 2018, using the DATES FOR FILING CHART. As of right now, the visa buletin for F2B category for August 2019 is January 2014, so I estimate that by September, the FINAL ACTION DATES CHART would become current for my priority date of February 14th, 2014.

Unfortunately, my mother passed away last week. I read from https://www.immihelp.com/greencard/f...tion/misc.html, section Petitioner's Death, it seems that I have to submit the form I-864 and I-864A with a letter to reinstate the petition so that my dad can become the primary sponsor, with my brother using the form I-864A. Is this correct? Other questions are:

1. Have anyone gone through this process? What are the chance to succeed? Typically how long would it take for USCIS to get back to us with the decision whether they approve to reinstate the case or revoke it?
2. I have a girl friend that we were planning to marry for a few year. She just got her Citizenship last week. I'm not entirely sure that I should follow the procedure above to wait for the decision of my mom's case, or go ahead with the marriage and the new marriage immigrant process. Reason why I'm asking question 1 to also see that if the success chance are low, maybe I should go ahead for the marriage without waiting?
3. For my case, is this applying to Section 204(I) https://www.uscis.gov/greencard/sect...ving-relatives, or the Humanitarian Reinstatement: https://www.uscis.gov/greencard/huma...-reinstatement ? I am having some trouble understanding the differences

Thank you for any suggestion!

1. There should be no problem substituting the sponsor. Timeline is unknown.
2.Go ahead and get married. Wait for the results of your above petition. If that doesnt work then you can file one with your wife.
3

[newacct]

3. You want 204(l) reinstatement, since you were residing in the US when the petitioner died and continue to reside in the US until now. It doesn't require you to have humanitarian reasons like humanitarian reinstatement.
1. Once the petition is reinstated, there should be no problem using a substitute sponsor.
2. If you get married, your F2B petition is dead, and you rely on adjustment through your USC spouse. There are some potential disadvantages to immigrating through your spouse: If you immigrate through your spouse, your marriage will be scrutinized for whether it is bona fide. You will also become a conditional permanent resident and have to apply for Removal of Conditions in 2 years (with lost of cost and hassle). There is also risk that you would break up before your AOS is approved. None of these issues would exist for you immigrating through your existing F2B petition. If you want to leave both options open, you should wait to get married.

[andi012]

Hi, I saw your post about humanitarian reinstatement. . After the death of the petitioner (my father), we notify the NVC.
Our case was sent back to USCIS. We sent them the documents that they asked for humanitarian reinstatement.. I'll appreciate if you could tell me how long does it take to have an answer from USCIS?