Petitioner Died I-130

[khumir]

Hi, My father in law who had filed I-130 for his unmarried son and daughter four years ago after getting his green card passed away. The application was not approved as the USCIS was asking more evidence to established the relationship. I would like to ask if there is way my wife can transfer the existing case instead of filing a new application for them. I would appreciate your help as we need to submit requested evidence by the end of this month. Both applicants residing overseas and never been to USA

[newacct]

The case cannot be transferred between different petitioners. If your wife petitioned them now, the priority date would be now, and the sibling category has 13+ year wait for visa numbers.

If one of the beneficiaries was residing in the US when the father passed away, and continued to reside in the US, he/she can reinstate the father's petition through 204(l) reinstatement. Otherwise, I don't see a solution other than your wife petitioning them and waiting 13+ years.