Question about petitions

[newlyweds2010 208]

I have a USC friend who petitioned his sister many years ago and the petition was approved. In the meantime she got married, and my friend submitted a new petition (not sure why, I guess to include her husband). The new petition is still far from being approved, so my friend asked me whether there is a way to use the first petition to "expedite" the process. My feeling is that they will just have to patiently wait for the second petition to be approved, as the new one is no more valid. any input?

[Boiler 46,075]

Siblings are F4 so no need for a new petition for spouses/children.

[newlyweds2010 208]

Siblings are F4 so no need for a new petition for spouses/children.

Thank you for your reply. So what could be the reason of re-filing?

[Boiler 46,075]

You would have to ask her, none comes to mind.

[Boiler 46,075]

Sorry him.

[JimVaPhuong 4,863]

Thank you for your reply. So what could be the reason of re-filing?

Ask your friend why they filed a new petition. It shouldn't have been necessary. Spouse and children are eligible as derivatives of an F4 petition.

[newlyweds2010 208]

Ask your friend why they filed a new petition. It shouldn't have been necessary. Spouse and children are eligible as derivatives of an F4 petition.

Ok, so here is what he told me: he first filed for his sister alone, since she was single at the time, and the petition was approved. Then she married, and he filed a new petition reflecting the fact that she is married, but it will take years until they can get a visa based on the second petition.

From what I understand the I-130 approval does not expire until the conditions change (in this case, sincere there is no marriage that can be terminated, the only reason would be the death of the USC). I am wondering whether they can still use the first approved petition and extend it to the sister's husband (who was not included in it), or whether the first petition expired when they filed the second one.

Thank you.

[Boiler 46,075]

Probably fact dependent, time for her to pony up for a lawyer.

[JimVaPhuong 4,863]

Ok, so here is what he told me: he first filed for his sister alone, since she was single at the time, and the petition was approved. Then she married, and he filed a new petition reflecting the fact that she is married, but it will take years until they can get a visa based on the second petition.

From what I understand the I-130 approval does not expire until the conditions change (in this case, sincere there is no marriage that can be terminated, the only reason would be the death of the USC). I am wondering whether they can still use the first approved petition and extend it to the sister's husband (who was not included in it), or whether the first petition expired when they filed the second one.

Thank you.

Single sister. Married sister. Doesn't matter. It's still an F4. No new petition was required. She could marry and have a gazillion kids between the time he filed the petition and the time she applies for the visa. Her spouse and all of her little ankle biters would be eligible to apply for derivatives (barring any that had aged out).

An I-130 is considered abandoned if the government is waiting for action from the petitioner or beneficiary, and no response is received for one year. If the priority date on the first petition isn't current yet then they wouldn't have been waiting for any action from either the beneficiary or petitioner, so the petition should still be active.

I suggest he make an Infopass appointment at the local USCIS field office, and bring the I-797 acceptance notices for both petitions with him. If the first petition is still active then he can just withdraw the second one.

[Mellow 8]

When was the first petition filed? When was the second petition filed? Date of filing is important to know validity and how far they are from the current VB.