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Do I need to cancel previous petition by sister and apply for adjustment of status

By omar1 in Adjustment of Status from Work, Student, & Tourist Visas

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omar1 Contributor

omar1   24

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted

My sister filed I130 fr me 2 years ago. Now I am married to US citizen. Does my sister need to cancel the petition so that My husband will file a new petition for me?

 

If i don't cancel the first petition  (done by my sister), will it affect my adjustment f status (husband petition)?

 

Thank you so much

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

You can have multiple I-130s for the same beneficiary from different people. Whichever one reaches the finish line first is the one you would go with.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
6 minutes ago, omar1 said:

My sister filed I130 fr me 2 years ago. Now I am married to US citizen. Does my sister need to cancel the petition so that My husband will file a new petition for me?

 

If i don't cancel the first petition  (done by my sister), will it affect my adjustment f status (husband petition)?

 

Thank you so much

No need to cancel old one. Just file have your husband file a different one

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omar1 Contributor

omar1   24

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
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  • Author
Posted
1 hour ago, geowrian said:

You can have multiple I-130s for the same beneficiary from different people. Whichever one reaches the finish line first is the one you would go with.

Thank you geowrian for your answer. well appreciated :-)

1 hour ago, azblk said:

No need to cancel old one. Just file have your husband file a different one

Thank you azblk for your answer. well appreciated :-)

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Jeanne Adil Experienced

Jeanne Adil   1,651

Posted
Filed: Citizen (pnd) Country: Morocco
 Timeline
Posted

Should cancel it as now being married nulifys the 1st I 130 and casa embassy can consider this was not reported /casa is hard embassy / since a new application is required, don't take any chances 

your husband needs to file the new one ASAP

 

allah yekbel

Jeanne

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
7 hours ago, adil-rafa said:

Should cancel it as now being married nulifys the 1st I 130 and casa embassy can consider this was not reported /casa is hard embassy / since a new application is required, don't take any chances 

your husband needs to file the new one ASAP

 

allah yekbel

Jeanne

There is no penalty for having multiple petitions.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
8 hours ago, adil-rafa said:

Should cancel it as now being married nulifys the 1st I 130 and casa embassy can consider this was not reported /casa is hard embassy / since a new application is required, don't take any chances 

your husband needs to file the new one ASAP

1) How does getting married affect the first petition? It was filed by her sibling for her (F4), which is perfectly fine to be married or not.

2) Cancelling it isn't necessary even if that was the case. They just couldn't proceed with it (if point #1 didn't exist).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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omar1 Contributor

omar1   24

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
  • Author
Posted
On 3/11/2018 at 7:40 AM, adil-rafa said:

Should cancel it as now being married nulifys the 1st I 130 and casa embassy can consider this was not reported /casa is hard embassy / since a new application is required, don't take any chances 

your husband needs to file the new one ASAP

 

allah yekbel

Jeanne

Thank you very much for your reply.

 

we are not going through casa embassy. everything will be handled here in USA at USCIS

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Going through Mentor

Going through   5,669

Posted
Filed: Citizen (apr) Country: Canada
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Posted
On 3/11/2018 at 7:40 AM, adil-rafa said:

Should cancel it as now being married nulifys the 1st I 130 and casa embassy can consider this was not reported /casa is hard embassy / since a new application is required, don't take any chances 

your husband needs to file the new one ASAP

 

allah yekbel

Jeanne

The OP is adjusting status from within the US....they are not going through any embassy.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Jeanne Adil Experienced

Jeanne Adil   1,651

Posted
Filed: Citizen (pnd) Country: Morocco
 Timeline
Posted
1 hour ago, Going through said:

The OP is adjusting status from within the US....they are not going through any embassy.

i thought it took several years for a USC to get petition for a relative other than parents

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
10 minutes ago, adil-rafa said:

i thought it took several years for a USC to get petition for a relative other than parents

Immediate relatives include:

  1. Spouse
  2. Parents
  3. Minor children

Any immediate relative of a USC has the PD current immediately, and therefore can concurrently file.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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AdilB Apprentice

AdilB   15

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Tunisia
 Timeline
Posted
On March 10, 2018 at 8:07 PM, omar1 said:

My sister filed I130 fr me 2 years ago. Now I am married to US citizen. Does my sister need to cancel the petition so that My husband will file a new petition for me?

 

If i don't cancel the first petition  (done by my sister), will it affect my adjustment f status (husband petition)?

 

Thank you so much

Most likely, your spousal Visa will cancel out the other. No need to do anything; Just let everything be. Good luck et Bon Courage! 

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AdilB Apprentice

AdilB   15

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Tunisia
 Timeline
Posted
On March 11, 2018 at 3:54 PM, geowrian said:

1) How does getting married affect the first petition? It was filed by her sibling for her (F4), which is perfectly fine to be married or not.

2) Cancelling it isn't necessary even if that was the case. They just couldn't proceed with it (if point #1 didn't exist).

Agreed.

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omar1 Contributor

omar1   24

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
  • Author
Posted
On 3/14/2018 at 10:57 AM, AdilB said:

Most likely, your spousal Visa will cancel out the other. No need to do anything; Just let everything be. Good luck et Bon Courage! 

Thank you very much AdilB. Merci beaucoup. Bn courage a vous egalement. 

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