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  • Child visa help

    I need to withdraw my sons application and resubmit it under my wife's name as she is a USC.

    What is the process for withdrawing an application?

    Thanks for any help

  • #2
    I need to withdraw my sons application and resubmit it under my wife's name as she is a USC.

    What is the process for withdrawing an application?

    Thanks for any help

    Comment


    • #3
      It cannot be done Robert. Your wife will have to file a new petition and it will have a new priority date. She cannot just substitute her name and maintain the old priortiy date.

      Yours is a classic case of why immigration planning is necessary. The person panning to be USC in the future should be the sponsoring parent.


      My feeling in this matter is the mother should always file and become a USC. Why? Because women live longer then men and I have seen many petitions terminate in the past when the sponsoring father passed away and the sponsor could not be substituted. Of course, this situation has been partly corrected by the law allowing substitution of the sponsor for affidavit of support.

      Good Luck.

      Comment


      • #4
        Thanks for the info President. Does this mean that my wife can apply for my son and that both applications co-exist? Or do I have to withdraw mine? If so, how do I do that?\

        Thanks

        Comment


        • #5
          The word is consulidation, not co-exit. You will notice in application that you will be ask if there was a prior application.

          What is the reason for withdrawing?

          When was the petition filed. Was the petition still in process when you wife became a U.S. citzen. If so, there is law called the Child Status Protection Act. The petition may qualify under this act.

          I need more info.

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          • #6
            My wife has always been a USC. I just didn't realise that she should do the application. My son is 17 and is her step son.

            So if you want to put in a new application, how should you answer the question about previous applications. That is, is it reasonable to put in a new application with the USC sponsoring? In the eyes of the INS?

            Comment


            • #7
              I suggest that obtain Form 1-130 and read the instructions carefully.

              On "FOR WHOM MAY YOU NOT FILE?" is important. Since your is 17 years, he might qualify.

              Read "WHAT DOCUMENTS DO YOU NEED TO PROVE A FAMILY RELATIONSHIP". It is selp-explanatory.

              There is also a question on Form 1-130 on "D. Other information". It relates to your prior child's petition, it is also self-explanatory.

              good luck

              Comment



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