Petition denied after upgrade from LPR to USC

[vision 0]

Hi everyone

I like to share my visa journey,

My mother(LPR) filed a I-130 petition for me in 2005, which was F2B unmarried sons/daughters of US LPR. Everything went fine, petition got approved in 2009, sent to NVC assigned a case number. But my priority date was far behind.

Instead of waiting I decided to get married, I did but did not notify USCIS, Time passed, My mother got US citizenship early this year and she tried to upgrade petition, as the petitioner's status changed from LPR to USC, along with her documents she also mentioned change in my status(married), also submitted my marriage certificate and my children's birth certificates. (We was unaware that there is no petition for married daughter of US LPR)

Now after reviewing USCIS denied petition saying that I got married before my mother became US citizen. Henceforth new petition is needed(Understood)

Now my question is that Is there any law or procedure by which I can keep the same priority date, If mom files I-130 again for F3 category, then case will be assigned a new priority date, which means I have to wait for anther 10 years. Is there any procedure by which I can file new petition but can keep same case number and priority date in order to reduce processing time

thanks

[Cathi 5,757]

No. New petition, new case, new case number, new priority date.

[Mellow 8]

Hi everyone

I like to share my visa journey,

My mother(LPR) filed a I-130 petition for me in 2005, which was F2B unmarried sons/daughters of US LPR. Everything went fine, petition got approved in 2009, sent to NVC assigned a case number. But my priority date was far behind.

Instead of waiting I decided to get married, I did but did not notify USCIS, Time passed, My mother got US citizenship early this year and she tried to upgrade petition, as the petitioner's status changed from LPR to USC, along with her documents she also mentioned change in my status(married), also submitted my marriage certificate and my children's birth certificates. (We was unaware that there is no petition for married daughter of US LPR)

Now after reviewing USCIS denied petition saying that I got married before my mother became US citizen. Henceforth new petition is needed(Understood)

Now my question is that Is there any law or procedure by which I can keep the same priority date, If mom files I-130 again for F3 category, then case will be assigned a new priority date, which means I have to wait for anther 10 years. Is there any procedure by which I can file new petition but can keep same case number and priority date in order to reduce processing time

thanks

Unfortunately.. no. Your mother has to file a new petition for you.

[NigeriaorBust 4,087]

No the rules of an LPR petition an adult child is that the child must not be married. When you married you made it so you where no longer able to have a petition until your mother became a citizen. Now she is able to file a new petition because USC can file for married adult children. New petition mean starting all over.

[ndu26 114]

sorry but she has to file a new petition as a USC for you . That's one of the things I explained to my siblings , that if mymom files for them theymay feel pressured to delay marriage and i dnt think that is wise so its either i file for them or they wait for my mom to become USC.

[aaron2020 11,651]

No. Sorry. You have to start from the back of the line.

[pgupta 19]

Hi everyone

I like to share my visa journey,

My mother(LPR) filed a I-130 petition for me in 2005, which was F2B unmarried sons/daughters of US LPR. Everything went fine, petition got approved in 2009, sent to NVC assigned a case number. But my priority date was far behind.

Instead of waiting I decided to get married, I did but did not notify USCIS, Time passed, My mother got US citizenship early this year and she tried to upgrade petition, as the petitioner's status changed from LPR to USC, along with her documents she also mentioned change in my status(married), also submitted my marriage certificate and my children's birth certificates. (We was unaware that there is no petition for married daughter of US LPR)

Now after reviewing USCIS denied petition saying that I got married before my mother became US citizen. Henceforth new petition is needed(Understood)

Now my question is that Is there any law or procedure by which I can keep the same priority date, If mom files I-130 again for F3 category, then case will be assigned a new priority date, which means I have to wait for anther 10 years. Is there any procedure by which I can file new petition but can keep same case number and priority date in order to reduce processing time

thanks

once you get married you disqualified for LPR petition, now your mother has to file a new petition as USC.