Do I need to withdraw my petition?

[ayaxron 0]

I am Mexican and my sister is a US citizen. She filed a I-130 petition for me in 2008. I got married to a US citizen in 2009 in Mexico and we then moved to South Korea. We lived for 4 years in South Korea and we were planning to go back to Mexico but while visiting the USA my wife got a very good job offer and we decided to stay in the US. Now we plan to file a I-130 so I can become a permanent resident.

The last update I got from my sister's petition was in 2010, there were no visas available and they would let me know when they became available. Basically the waiting for brother/sisters category can be more than 10 years.

My question is, does my sister need to withdraw her petition before we send the new I-130? or could we just go ahead and send the petition and just mention that I had one pending?

[Boggy1974 124]

No. Your does not have to withdraw the petition. That is an approved petition.

Your wife can go ahead and file for you. All she need to do is, on the I-130 form, there a section that asks if someone have filed a petition for you in the past. Just check "yes" and state the outcome as "approved". Sorry I'm on a not-so-smart phone so can't pull the form to tell you exactly what section and question #.

[ayaxron 0]

Thanks Boggy! I know where that question is.

Ayax