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    My question is can I cahange a petion for green card for my son over 21 living in the USA to a petition by a spouse without filing a new petition?
    I filed a petion for my son over 21 years old in 2004 as a permanent resident. He eventually married in December 2008 to a US citizen. I became a citizen in January 2009. What are the options?
    1- change/update the petion to reflect my citizenship
    2- file new petition for sponsorship by US citizen spouse.
    3- withdraw original petition and refile
    please advise.

  • #2
    My question is can I cahange a petion for green card for my son over 21 living in the USA to a petition by a spouse without filing a new petition?
    I filed a petion for my son over 21 years old in 2004 as a permanent resident. He eventually married in December 2008 to a US citizen. I became a citizen in January 2009. What are the options?
    1- change/update the petion to reflect my citizenship
    2- file new petition for sponsorship by US citizen spouse.
    3- withdraw original petition and refile
    please advise.

    Comment


    • #3
      Your petition for your son will most likely be under the unmarried child over 21 category. He is no longer eligible under that category due to his marriage, so to proceed would cause some problems.

      You should withdraw your petition and have his new spouse file for him instead.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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      • #4
        Thank you Aroha your reply is appreciated.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by banga man:
          My question is can I cahange a petion for green card for my son over 21 living in the USA to a petition by a spouse without filing a new petition?
          I filed a petion for my son over 21 years old in 2004 as a permanent resident. He eventually married in December 2008 to a US citizen. I became a citizen in January 2009. What are the options?
          1- change/update the petion to reflect my citizenship
          2- file new petition for sponsorship by US citizen spouse.
          3- withdraw original petition and refile
          please advise. </div></BLOCKQUOTE>

          Not many options here:

          1. when you would change your status to USC, you would also need to inform USCIS that your son got married. USC can sponsor married child, but LPR can NOT. So, when your son got married, your petition for him got void since you were LPR at that moment.

          2. the shortest and most simple way. His wife has to file a new petition. He will receive residency based on his relationship to his wife, not his parent.

          3. yeas, do that

          Comment


          • #6
            Since he is married, you cannot sponsor him as a lpr.

            Since he is married to USC, he should be sponsored by USC spouse.

            There are limits on the number of adult married children of USCs. Spousal sponsorship is faster.

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