Reopen case

[Maria_ 3]

Hi everyone! I have a question for my niece! his father being a US citizen filed greencard process, 2010 NVC requested documents, it turns out she was dating at this time and chose to marry and not receive the document. she was 15! now is already 20 and married with a daughter of 1 year! want to reopen the case, she could? if you can, how about it? Thanks

[aaron2020 11,651]

Did the daughter get marry when the father was an LPR?

[aleful 1,905]

ditto

if he was only a LPR when he filed for her, then no, because the petition became voided since LPR cannot file for married children

so he would have to file a new petition as a married child of a USC

[Maria_ 3]

yes, it was resident, now already is a citizen

[aleful 1,905]

hi

can the mods delete the prev post?

then he has to file a new petition and the wait is over 10 years

but her husband and child/children will come with her as her derivatives

[aaron2020 11,651]

The case can not be reopen. A LPR can never have a petition for a married daughter. Once she got married, the case was automatically withdrawn by law.

Her USC father will need to file a new I-130. It's 12-13 years for visas. Her husband and child will get visas too as her derivative beneficiaries.

[Maria_ 3]

Got it! but the father of my niece applied for my nephew who is her brother, in 2008 he was divorced! NVC week is asked of him the document he is ok, or also lost?

[aleful 1,905]

hi Maria

as long as he was already divorced when his father filed for him, no problem, divorced means unmarried, single, and his father had to send copy of the divorce decree with the i130 to prove that he was unmarried at the time of filing,

also, he must have remained unmarried at least until his dad became a USC

[Maria_ 3]

Thanks