i130 help

[natapplicant 0]

Hi,

 

My uncle applied for my cousin to immigrate to united states. My uncle is on green card. My cousin's case was approved by USCIS but pending visa availability at NVC. In the meantime, my same cousin got married to a united states citizen. Now his wife wants to apply for her so he can immigrate here quickly. My question are: 1.Can we use the same case and change the category, is this even possible? 2.Do we need to cancel his other case which was applied by his father and how? Thank you in advance for your help.

[payxibka 10,045]

14 minutes ago, natapplicant said:

Hi,

 

My uncle applied for my cousin to immigrate to united states. My uncle is on green card. My cousin's case was approved by USCIS but pending visa availability at NVC. In the meantime, my same cousin got married to a united states citizen. Now his wife wants to apply for her so he can immigrate here quickly. My question are: 1.Can we use the same case and change the category, is this even possible? 2.Do we need to cancel his other case which was applied by his father and how? Thank you in advance for your help.

1)  No.  Different petitioner,  different petition , different case

 

2)  No

[natapplicant 0]

2 minutes ago, payxibka said:

1)  No.  Different petitioner,  different petition , different case

 

2)  No

Thank you. So we can just leave his other case as is and no need to cancel it? A lawyer told me he can't have two petitions at the same time in the system, I'm not sure if he was right or wrong. That is why we are a bit confused. 

[designguy 1,179]

you need to start from the beginning

 

edit: as your cousin got married he is no longer eligble to be petitoned by his LPR father. That case is dead

Edited January 10, 2020 by designguy

[natapplicant 0]

8 minutes ago, designguy said:

you need to start from the beginning

 

edit: as your cousin got married he is no longer eligble to be petitoned by his LPR father. That case is dead

Thank you. So we can just leave his other case as is and no need to cancel it? A lawyer told me he can't have two petitions at the same time in the system, I'm not sure if he was right or wrong. That is why we are a bit confused. 

[LilyJ 1,258]

1 hour ago, natapplicant said:

Thank you. So we can just leave his other case as is and no need to cancel it? A lawyer told me he can't have two petitions at the same time in the system, I'm not sure if he was right or wrong. That is why we are a bit confused. 

If the case is dead then there is no case to cancel. Have his wife petition for him

[Just Paul 4,595]

Her spouse files a new petition.   The old petition can stay in place and the first one approved wins.  In reality the  spousal should be faster.

[pushbrk 12,906]

5 hours ago, Paul & Mary said:

Her spouse files a new petition.   The old petition can stay in place and the first one approved wins.  In reality the  spousal should be faster.

Since the other case will never complete, the above is accurate.  

 

To the OP, the lawyer was wrong.