Can anyone answer this for me?

[Mikey&Krista 0]

Hi all,

I'd like to ask this question.

We are applying for LPR status via I-130 FB-3 category. My Mum is the USC and I am married.

We are wondering what if something were to happen to Mum before our PD (Jan 30 2011) becomes valid? Mum is getting on in years and we want to be there to help.

I also have 2 half-sisters (same Mum) that are USC, could I transfer my application to the FB-4 category with the same PD?

Any advice gratefully received, many thanks,

Mike and Krista

[Penguin_ie 5,997]

You could try to "transfer"; it is called a humanitarian re-instatement. A safer option would be for one of your sisters to file for you too, now.

[Delta5 9]

Hi all,

I'd like to ask this question.

We are applying for LPR status via I-130 FB-3 category. My Mum is the USC and I am married.

We are wondering what if something were to happen to Mum before our PD (Jan 30 2011) becomes valid? Mum is getting on in years and we want to be there to help.

I also have 2 half-sisters (same Mum) that are USC, could I transfer my application to the FB-4 category with the same PD?

Any advice gratefully received, many thanks,

Mike and Krista

Lets hope that you would be able to join your mum under her petition for you and your family on the FB-3 category, but it is extremely difficult to transfer, especially your FB-3 category to another category like an FB-4 with the same PD, especially if the original petitioner of your FB-3 all of a sudden passed away. Once the petitioner dies the petition also dies with it, except if you can prove as Penguin have mentioned before a "Humanitarian Transfer or reason" to continue the said petition under the same PD. As Penguin also mentioned, you could have your sisters petition you as early as possible under the FB-4 category as your back-up petition just in case. Based on the VB for April 2012, it will be less than three years difference wait from your present PD on an FB-3 category if your sister will file it now, at least you have another petition to fall on if the first one did not materialize.

[aaron2020 11,651]

Hi all,

I'd like to ask this question.

We are applying for LPR status via I-130 FB-3 category. My Mum is the USC and I am married.

We are wondering what if something were to happen to Mum before our PD (Jan 30 2011) becomes valid? Mum is getting on in years and we want to be there to help.

I also have 2 half-sisters (same Mum) that are USC, could I transfer my application to the FB-4 category with the same PD?

Any advice gratefully received, many thanks,

Mike and Krista

From your timeline, it appears that your mother petitioned for you in 2010. It will take about 10 years for a US citizen to petition for a married child. If your mom dies before USCIS approves the I-130, then the petition is automatically revoked (ended). If your mom dies after USCIS apporves the I-130, then your sister can apply for Humanitarian Reinstatement (HR) which would allow them to be a substitute petitioner. HR is discretionary, is the only way to "transfer" a petition, and not often granted to the married sibling of a US citizen.

Your best best to immigrate to the US if mom dies while you wait is to have one or both of your sisters file additional I-130s for you (US citizen petitioning a sibling). A beneficiary can have multiple I-130s filed for him/her with different relative petitioners. Consider the petitions filed by your sisters as insurance in case mom dies before you immigrate.

Edited March 20, 2012 by aaron2020

[JimVaPhuong 4,863]

This is second time a similar question has come up in the past two days regarding "transferring" or "borrowing" the priority date of another petition, and it's something I've never heard of with family based visas. I know that it's possible with employment based petitions - if the alien changes jobs and the new employer submits a new I-140 then the alien can keep the priority date from the previous I-140. The only similar thing I've ever heard of with a family based petition is if the visa category is converted - for example, an F1 beneficiary gets married and the visa category converts to F3, then the priority date doesn't change. However, I've never heard of a beneficiary using the priority date from one petition to obtain a visa based on a completely different petition. I want to say flat out that this isn't possible, but the fact that two people have asked about it in two days makes me wonder if I'm missing something.

Anyway, if mom doesn't survive until the visa is issued then the petition dies with her. That's the law. The beneficiary can request a humanitarian reinstatement. If the humanitarian reinstatement is approved then a qualified relative of the beneficiary's must step up as a substitute sponsor in place of the deceased petitioner. One of the primary reasons they might approve a humanitarian reinstatement is if most or all of the beneficiary's family has already immigrated to the US, and the primary goal of family reunification can still be met by resurrecting the petition. On the other hand, if the beneficiary has married then USCIS takes the position that the beneficiary's family consists of their spouse and children. They usually don't approve humanitarian reinstatement for a married beneficiary.