Adding my spouse as another petitioner for my son

[hung2502 0]

My sister sponsored me & my family to came to the US.

In 2003, we came to the country as lawful permanent residents (green card holders). Back then my son was over 21 so he couldn't come with us.

In 2004,when I was a LPS, I submitted form I-130 (Immigration Petition for Relative) for my son, and I was the only Petitioner. My spouse has not been a Petitioner for my son.

In 2006, my son got married and had kid.

In 2009, I became US Citizen and I updated the case status for my son.

So, now my spouse (also a US Citizen, same spouse) wants to be another Petitioner for my son (2 people are better than 1, right?). I have been looking every where but cant find a way to add my spouse into the case.

If my spouse file another seperate form (not sure what form to use), will my son's waiting time under my spouse's petition start from the beginning, or will it count the time that my son has already been waiting under my spouse's petition?

Basically, I need to find out a way to add my spouse as another petitioner for my son.

Does anyone has come across this situation before?

Any guide/hint would be much appreciate.

Thank you,

[apple21 953]

The petition that YOU filed for your son is enough. There cannot be two petitioners in one case.

If your spouse wants to be your son's petitioner, he can file i-130, but it will not speed up the one that you filed. New i-130 means a new priority date, start again from the beginning.

Edited May 1, 2013 by apple21

[Boiler 46,129]

Is your Spouse your sons father?

When did you marry?

[velrich 50]

The petition that YOU filed for your son is enough. There cannot be two petitioners in one case.

If your spouse wants to be your son's petitioner, he can file i-130, but it will not speed up the one that you filed. New i-130 means a new priority date, start again from the beginning.

There can be more than one petition in the system for an Individual at the same time. Example: Mother, father, Sister can petition for the same person if they wish. That would be 3 petitions for the one person.

Some people do it this way just in case something happens to one of the individuals who have sent a petition.

[velrich 50]

If your spouse is not the biological father and you got married to him after your son became 18 years old then he cannot file for him.

If your spouse qualified based on the age of your son at the time of your marriage then he can file an I-130. His waiting time will start from the beginning.

So, now my spouse (also a US Citizen, same spouse) wants to be another Petitioner for my son (2 people are better than 1, right?). I have been looking every where but cant find a way to add my spouse into the case.

If my spouse file another seperate form (not sure what form to use), will my son's waiting time under my spouse's petition start from the beginning, or will it count the time that my son has already been waiting under my spouse's petition?

Basically, I need to find out a way to add my spouse as another petitioner for my son.

[apple21 953]

There can be more than one petition in the system for an Individual at the same time. Example: Mother, father, Sister can petition for the same person if they wish. That would be 3 petitions for the one person.

Some people do it this way just in case something happens to one of the individuals who have sent a petition.

Yes, I know. Multiple petitions can be filed for one person. What I'm saying is, there cannot be 2 petitioners in 1 case, in OP's situation, she cannot add her husband in the petition that SHE filed for her son. A separate petition filed by the husband should be made.

[hung2502 0]

Is your Spouse your sons father?

When did you marry?

Yes, my spouse is my son's biological father. We got married in 1978 and had my son in 1982

[Boiler 46,129]

You can both petiton, a good insurance if one was to die before a visa number was available.

[belinda63 3,047]

Am I the only one seeing a potential problem here? She filed for her son as an LPR, he married prior to her obtaining her citizenship. That will make her petition void.

[velrich 50]

Yes, I know. Multiple petitions can be filed for one person. What I'm saying is, there cannot be 2 petitioners in 1 case, in OP's situation, she cannot add her husband in the petition that SHE filed for her son. A separate petition filed by the husband should be made.

Okay.