do I need to file the I-130 petition again?

[thuy thu 0]

Hi, I married to a US citizen in 2005, I got a 2 years conditional green card. I then filed I-130 petition in 2005 to sponsor my daughter who was 21 years old at that time. When I file I-171 to obtain the 10 years green card, the immigration office found out that my husband has not divorced his ex-wife, therefore, our marriage is invalid. We then have to straight things out: 1. My husband has to divorce his previous wife 2. I have to nullify our marriage 3. We remarry again. We completed all of those papers and remarry in 2008. I was put on the removal status I hired a lawyer and we went to the immigration court, just a week ago, I got the GRANT for adjusting the status, now, since our valid marriage is over 2 years, I get the 10 years green card. My question is: I sponsored my daughter in 2005 when my marriage is invalid, but USCIS has not called on this case, I assumed it is still in waiting list. Then after all of the things that we have to straight out to be in the valid status as today, do I need to resubmit form I-130 for my daughter again? She is now 27 years old and still single. Or I just wait until her turn and things just continue? I know with her classification, it takes a while before getting call. It has been almost 6 years waiting already. Please advise, I greatly appreciated. Thanks. Thuy.

[RICARDO4EVA2 194]

Hi, I married to a US citizen in 2005, I got a 2 years conditional green card. I then filed I-130 petition in 2005 to sponsor my daughter who was 21 years old at that time. When I file I-171 to obtain the 10 years green card, the immigration office found out that my husband has not divorced his ex-wife, therefore, our marriage is invalid. We then have to straight things out: 1. My husband has to divorce his previous wife 2. I have to nullify our marriage 3. We remarry again. We completed all of those papers and remarry in 2008. I was put on the removal status I hired a lawyer and we went to the immigration court, just a week ago, I got the GRANT for adjusting the status, now, since our valid marriage is over 2 years, I get the 10 years green card. My question is: I sponsored my daughter in 2005 when my marriage is invalid, but USCIS has not called on this case, I assumed it is still in waiting list. Then after all of the things that we have to straight out to be in the valid status as today, do I need to resubmit form I-130 for my daughter again? She is now 27 years old and still single. Or I just wait until her turn and things just continue? I know with her classification, it takes a while before getting call. It has been almost 6 years waiting already. Please advise, I greatly appreciated. Thanks. Thuy.

welcome to VJ

What is the date on your now 10 year green card.. that reads "resident since"??

[Penguin_ie 5,996]

You did not have a valid status at the time you originally petitioned her, which they will discover once they actually work on her case. You will need to petition her again.

[belinda63 3,047]

Concur. They probably will discover this when they pull the case to continue processing, i.e. when her PD becomes current. Rather than wait until then, I would send a letter along with the new I-130 explaining the situation.

[canadian_wife 1,829]

I do not believe you were eligible to submit the I130 for her in the first place.

I'd call USCIS and have them cancel the first one, then when that is final, submit new paperwork

Good luck

[Fela's Girl 1]

Call USCIS. Did you get a receipt notice back then? You should have kept folliowing up on the case...it may have canceled or expired.

[JimVaPhuong 4,863]

Hi, I married to a US citizen in 2005, I got a 2 years conditional green card. I then filed I-130 petition in 2005 to sponsor my daughter who was 21 years old at that time. When I file I-171 to obtain the 10 years green card, the immigration office found out that my husband has not divorced his ex-wife, therefore, our marriage is invalid. We then have to straight things out: 1. My husband has to divorce his previous wife 2. I have to nullify our marriage 3. We remarry again. We completed all of those papers and remarry in 2008. I was put on the removal status I hired a lawyer and we went to the immigration court, just a week ago, I got the GRANT for adjusting the status, now, since our valid marriage is over 2 years, I get the 10 years green card. My question is: I sponsored my daughter in 2005 when my marriage is invalid, but USCIS has not called on this case, I assumed it is still in waiting list. Then after all of the things that we have to straight out to be in the valid status as today, do I need to resubmit form I-130 for my daughter again? She is now 27 years old and still single. Or I just wait until her turn and things just continue? I know with her classification, it takes a while before getting call. It has been almost 6 years waiting already. Please advise, I greatly appreciated. Thanks. Thuy.

The original I-130 was approved under false pretenses because you were subsequently found to be ineligible for LPR status. Fortunately, it sounds like there was no fraudulent intent on your part. However, there's no way she can get a visa based on the original I-130. You'll have to start over, which means you'll get a new priority date. That really sucks because your daughter's previous priority date probably would have been current sometime next year. Now she'll have to wait again. The current wait is about 7 years.

Maybe you could consider introducing her to a nice Viet Kieu boy who is a US citizen.