Change of Petitioner

[Ellavale 0]

Hi, what happens if my mother who is my petitioner decides to stay outside the US and not plan on going back. I already have my NVC case number waiting for priority date to be current. Is it possible for my brother to take her place on my mother's behalf since he is already an American citizen?

[Just Paul 4,595]

2 minutes ago, Ellavale said:

Hi, what happens if my mother who is my petitioner decides to stay outside the US and not plan on going back. I already have my NVC case number waiting for priority date to be current. Is it possible for my brother to take her place on my mother's behalf since he is already an American citizen?

If you are allowed to change petitioner your immediate relative visa category will change and you will have a longer wait.

[Ellavale 0]

Would it be better to leave it that way and if opted to change petitioner what are the procedures. Thanks

[Just Paul 4,595]

21 minutes ago, Ellavale said:

Would it be better to leave it that way and if opted to change petitioner what are the procedures. Thanks

Have your brother file for you.   USCIS will probably only allow a change in your mother's petition if she died.

[aleful 1,905]

hi

 

changing petitioner doesn't exist unless petitioner has died and only on a humanitarian basis

 

your brother must file a new petition from scratch

 

 

[Boiler 45,553]

You can have multiple petitions running at the same time.

[SusieQQQ 11,586]

Someone should probably make sure you know that if your brother files for you it’s around a 15-year wait for most countries. But if your mother is staying out the US and not going back she no longer qualifies to petition you.

[Ellavale 0]

4 hours ago, Ellavale said:

Would it be better to leave it that way and if opted to change petitioner what are the procedures. Thanks

 

[Boiler 45,553]

There is no procedure.

[Ellavale 0]

4 minutes ago, Boiler said:

There is no procedure.

My petition was already approved, and if my mother who stayed outside the States for almost two years can she go back?

[Boiler 45,553]

That would depend why she has been gone so long.

[Ellavale 0]

9 minutes ago, Boiler said:

That would depend why she has been gone so long.

If I will receive the message from NVC for me to contact the consulate, should I just ignore or proceed?Thanks

Edited February 9, 2020 by Ellavale

[belinda63 3,038]

If your mother has been outside the US for two years she is considered to have abandoned her permanent residency unless she can prove strong reasons as to why she left the US for so long. 

Your brother can certainly file a petition for you but the wait is 15 or more years, you can't substitute your brother for your mother, it would be a brand new petition starting all over again. 

Your mother, as your sponsor must show she lives in the US and has been filing US tax returns. Can she do this?

[Ellavale 0]

1 hour ago, belinda63 said:

If your mother has been outside the US for two years she is considered to have abandoned her permanent residency unless she can prove strong reasons as to why she left the US for so long. 

Your brother can certainly file a petition for you but the wait is 15 or more years, you can't substitute your brother for your mother, it would be a brand new petition starting all over again. 

Your mother, as your sponsor must show she lives in the US and has been filing US tax returns. Can she do this?

Thanks, the reason for her not going back is that she have runaway with our father who have left our family for another woman for twenty years. I don't this the reason is valid enough for her to be allowed to go back and for her filed petitions for her childre to push through. Anyway thanks for the comments. It was of great help.

[aleful 1,905]

hi

 

she can return immediately live in another place, move state, get a job. she has a year to reply to nvc, before they close the case, she can pay and stretch the nvc stage

 

or if she doesn't want to come back then the petition is lost and your brother can file for a new one, it will take a very long time