Change of I-130 category to married son of USC

[Maximowk 0]

Hello everyone!

I have the following case and I haven't been able to find the answer in the old topics of the forum (maybe I didn't look far enough.. hehehe)

I have an approved I-130 petition as an unmarried child (21 or older) of a US Citizen with priority date of Feb 2006 which makes me current right now...

However I got married and I have understood that the category changes to """Married Sons and Daughters of U.S. Citizens""" which makes my priority date change to F3 which will set me again to wait for a visa or be current to apply around two years now...

My questions are:

1. Since I was current as unmarried and didn't apply for adjustment of status, does the I-130 expires? (in the form I-130 at the question where you should choose to adjust status IN the US or abroad, the attorney long long ago entered IN the United States, not at any consulate.)

2. If I go to USCIS my case status page, I get the following message from them:

*****On June 17, 2011, the Post Office returned your document for your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, Receipt Number WAC0611651061, to us because they could not deliver it. We will hold your document for 180 days. Please go to www.uscis.gov/e-request to request that we re-send the document to you, or call Customer Service at 1-800-375-5283. If you do not submit an online request or call us, we will destroy your document and you will need to file a new Form I-130*****

I called USCIS to indicate them that I already received the document, so I didn't need to get the document again, they said it was fine if I already had it and I should not have any issues. I understand I would have to file a new I-130 because they were going to destroy the document, however since I have my copy I should be fine... is this correct?

3. How can I amend the I-130 to reflect the change of category since I got married, what is the legal procedure?

4. If eligible to adjust in two years, can I include my wife in the petition?

We have been traveling in and out of the United States legally always, I'm currently in the United States and have a valid work visa.

Thank you for your advise or suggestions on where to find out the right information.

Regards

[apple21 953]

Didn't you receive any correspondence from NVC?

[aleful 1,905]

hi

you weren't eligible to adjust status in the US

you don't have to file another i130, just update your case so they change your category from F1 to F3, it's around 3 years and yes, you can include your wife, your i130 should have been sent to NVC or National visa center since you didn't qualify to adjust status in the US

if not then you will need to send the i130 to the NVC with the i824. do you have a copy of the approved 130 or the petitioner?

[Maximowk 0]

Hello and thank you for your answers!

apple21

I didn't receive any correspondence from NVC, (I was not supposed to, I-130 application requested Adjustment IN the US, therefore application was not sent to them once was current as unmarried son of USC.)

aleful

Why you said I was not eligible to adjust in the US? if petition is from a US Citizen and I have maintained a legal status along the years, adjustment can be done IN the US... correct?

What would be the best and correct way to make the change with USCIS, I've looked at their website and I haven't found the form or way to submit the change

I don't want to do consular process, I am in the United States, so I-824 request of action is not needed and I do have a copy of the application submitted at the time my mom sent it and also the I-130 approval notice which indeed says:

*****The above petition has been aproved, the petition indicates that the person for whom you are petitioning is in the US and will apply for AOS, the person is not eligible to adjust at this time... (my guess visa quota of course)

Until the person files an AOS or for an immigrant visa, this approved petition will be stored in this office bla bla bla (This is awesome)

If the person decides to do a consular process, petitioner should file I-824 bla bla bla*********

Thanks again for your help!

Regards!

[aleful 1,905]

hi

you state that you have maintained and will be maintaining legal status all these years

but you didn't mention how

normally a child over 21 cannot adjust status In the US, unless you have and will have been legally in the US

[aaron2020 11,651]

Hello everyone!

I have the following case and I haven't been able to find the answer in the old topics of the forum (maybe I didn't look far enough.. hehehe)

I have an approved I-130 petition as an unmarried child (21 or older) of a US Citizen with priority date of Feb 2006 which makes me current right now...

However I got married and I have understood that the category changes to """Married Sons and Daughters of U.S. Citizens""" which makes my priority date change to F3 which will set me again to wait for a visa or be current to apply around two years now...

My questions are:

1. Since I was current as unmarried and didn't apply for adjustment of status, does the I-130 expires? (in the form I-130 at the question where you should choose to adjust status IN the US or abroad, the attorney long long ago entered IN the United States, not at any consulate.)

2. If I go to USCIS my case status page, I get the following message from them:

*****On June 17, 2011, the Post Office returned your document for your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, Receipt Number WAC0611651061, to us because they could not deliver it. We will hold your document for 180 days. Please go to www.uscis.gov/e-request to request that we re-send the document to you, or call Customer Service at 1-800-375-5283. If you do not submit an online request or call us, we will destroy your document and you will need to file a new Form I-130*****

I called USCIS to indicate them that I already received the document, so I didn't need to get the document again, they said it was fine if I already had it and I should not have any issues. I understand I would have to file a new I-130 because they were going to destroy the document, however since I have my copy I should be fine... is this correct?

3. How can I amend the I-130 to reflect the change of category since I got married, what is the legal procedure?

4. If eligible to adjust in two years, can I include my wife in the petition?

We have been traveling in and out of the United States legally always, I'm currently in the United States and have a valid work visa.

Thank you for your advise or suggestions on where to find out the right information.

Regards

1. You are not current. Since you got married, you automatically moved from the F1 category to the F3. Because you have failed to inform the NVC that you got married, the file is being processed as if you were still single. This is a mistaken you need to correct by informing the NVC that you are now married.

2. No. A new I-130 does not need to be submitted. The old I-130 is still valid - the purpose of the I-130 is to show a relationship between the petitioner and beneficiary as parent and child in your case.

You amend the case based on the approved I-130 by informing the NVC that you are now married and should be processed in the F3 category.

3. Write to the NVC. Include a copy of your marriage certificate and her birth certificate along with certified English translations for both. Ask to add your wife to your case.

4. Yes. Look at 3 to see how to add her.