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moving approved I-130 to a different category

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  • moving approved I-130 to a different category

    Hi,

    A short question from my friend:

    " I have a question: my husband (Mexican) had an I-130 petition filled by his mother (permanent resident) in 1998. My husband was single. The petition was approved in 1999. My husband's mother obtained her citizenship in 2006. We did not move the petition to a different category because it would not helped us anyway (backlog for Mexicans). Now we got married and we want to apply for adjustment of status by moving the approved I-130 form the category "unmarried child of permanent resident" to category "married child of US citizen". Is it possible to do it? I have been legal in this country (J-1), my husband is a beneficiary of 245(i). Thank you for you input."

  • #2
    Hi,

    A short question from my friend:

    " I have a question: my husband (Mexican) had an I-130 petition filled by his mother (permanent resident) in 1998. My husband was single. The petition was approved in 1999. My husband's mother obtained her citizenship in 2006. We did not move the petition to a different category because it would not helped us anyway (backlog for Mexicans). Now we got married and we want to apply for adjustment of status by moving the approved I-130 form the category "unmarried child of permanent resident" to category "married child of US citizen". Is it possible to do it? I have been legal in this country (J-1), my husband is a beneficiary of 245(i). Thank you for you input."

    Comment


    • #3
      Yes, mother should inform USCIS about the changes (becoming USC, beneficiary got married), and that will change the category to F3.

      F3 for Mexico is not current, meaning you can't yet adjust status. It may be years before that happens, so I hope you have a plan for yourself (how to be legaly in the USA in the next 4-8 years).

      Comment


      • #4
        Hi Aneri, I missed you! So good to see you back!

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
          Hi Aneri, I missed you! So good to see you back! </div></BLOCKQUOTE> Thanks

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hi,

            A short question from my friend:

            " I have a question: my husband (Mexican) had an I-130 petition filled by his mother (permanent resident) in 1998. My husband was single. The petition was approved in 1999. My husband's mother obtained her citizenship in 2006. We did not move the petition to a different category because it would not helped us anyway (backlog for Mexicans). Now we got married and we want to apply for adjustment of status by moving the approved I-130 form the category "unmarried child of permanent resident" to category "married child of US citizen". Is it possible to do it? I have been legal in this country (J-1), my husband is a beneficiary of 245(i). Thank you for you input." </div></BLOCKQUOTE>

            He cannot adjust status base on the mother's petition.

            My question is...

            Is your friend a USC?

            Comment


            • #7
              He can't adjust status here
              Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

              -- Sabuntium The Great

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I have been legal in this country (J-1) </div></BLOCKQUOTE>

                I think the 'friend's' status is J-1, Speedie.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I think the 'friend's' status is J-1, Speedie. </div></BLOCKQUOTE>

                  Thanks Proud.

                  Like Aneri said, the category will be F3
                  no choice but to tell USCIS of her/his status.

                  You cannot adjust until processing is current.

                  BTW... welcome back Aneri!

                  Comment


                  • #10
                    No choice , hehehe
                    Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

                    -- Sabuntium The Great

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by speed_025:
                      BTW... welcome back Aneri! </div></BLOCKQUOTE> thanks... so sweet of you all

                      Wife on J-1 should check if she is a subject to 2 year home residency requirement.

                      Comment


                      • #12
                        There is 40 year waiting period for F3 from Mexico
                        Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

                        -- Sabuntium The Great

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Are you saying not now or not at all? I don't see why not when PD becomes curent. </div></BLOCKQUOTE>

                          sorry for that Aneri. I meant not till it's current.

                          Comment


                          • #14
                            I don't mean to rub my hands, it's just an emoticon
                            Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

                            -- Sabuntium The Great

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">No choice , hehehe

                              Have all the good s.ex you can, in all the ways you can, for as long as ever you can ! </div></BLOCKQUOTE>

                              Yes, OP's friend need to report the change of status (from single to married). Please tell your friend this is important.

                              Its a common mistake of some under family base
                              who were petition as single. INS will find out of the marital status and it can cause you
                              inadmissibility in the US.

                              Comment



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