Changing the petitioner in F3

[guru8904 3]

My wife is a beneficiary of an approved F3 case DQ in Feb 2021. The petitioner is her mother who is a US citizen. The petitioner is extremely sick with Alzheimer's and in Pakistan for the past few years. My wife's father is also a US citizen. Is it possible to ask the NVC/USCIS and get the sponsorship changed from her mother to her father while maintaining the same priority date? If yes, what is the procedure? Also, her father lives in Pakistan, so is it going to effect the case in any way?

[Crazy Cat 42,131]

The F3 Visa is based on family reunification.  That means the petitioner/sponsor must have domicile in the US. It sounds like your wife doesn't qualify for the F3.

Edited November 30, 2021 by Crazy Cat

[guru8904 3]

16 hours ago, Crazy Cat said:

The F3 Visa is based on family reunification.  That means the petitioner/sponsor must have domicile in the US. It sounds like your wife doesn't qualify for the F3.

My wife wants to change the petitioner/sponsor from her mother to her father. Her father would certainly move to his US domicile in this case. She wants to know whether the change of petitioner/sponsor is possible at this stage when the case is already DQ? If yes, how to go about it?

[aaron2020 11,651]

5 minutes ago, guru8904 said:

My wife wants to change the petitioner/sponsor from her mother to her father. Her father would certainly move to his US domicile in this case. She wants to know whether the change of petitioner/sponsor is possible at this stage when the case is already DQ? If yes, how to go about it?

Your wife can not change petitioner.  It's not possible to change petitioner.

Her mother MUST have a US domicile in order for your wife and you to immigrate to the US.  There is no way around this requirement.

Edited December 1, 2021 by aaron2020

[guru8904 3]

7 minutes ago, aaron2020 said:

Your wife can not change petitioner.  It's not possible to change petitioner.

Her mother MUST have a US domicile in order for your wife and you to immigrate to the US.  There is no way around this requirement.

Thanks. Her mother has a domicile address in the US where she has been living previously with her son but currently she is stuck in Pakistan due to her health and unable to travel. When my wife goes for the interview, if her mother is still in Pakistan, how is it going to effect the case?

Edited December 1, 2021 by guru8904

[aaron2020 11,651]

6 minutes ago, guru8904 said:

Thanks. Her mother has a domicile address in the US where she has been living previously with her son but currently she is stuck in Pakistan due to her health and unable to travel. When my wife goes for the interview, if her mother is still in Pakistan, how is it going to effect the case?

Denial.

Notice the word "previously" in your post.  Look at the facts.  Her mother has been living in Pakistan for the last few years.  She doesn't have a US domicile.  

Edited December 1, 2021 by aaron2020

[guru8904 3]

Just now, aaron2020 said:

Denial.

Thank you so much for the info.

[aaron2020 11,651]

Just now, guru8904 said:

Thank you so much for the info.

There is no choice.

 

Your wife's mother MUST come back to live in the US if your wife wants an immigrant visa.  There is NO WAY AROUND THIS.  

[guru8904 3]

Just now, aaron2020 said:

There is no choice.

 

Your wife's mother MUST come back to live in the US if your wife wants an immigrant visa.  There is NO WAY AROUND THIS.  

Thanks. I think our best bet now is to tell the visa officer that the mother would be accompanying her daughter to the US as she is no condition to travel unaccompanied. We'll see how it works.

[Crazy Cat 42,131]

7 hours ago, guru8904 said:

Thanks. I think our best bet now is to tell the visa officer that the mother would be accompanying her daughter to the US as she is no condition to travel unaccompanied. We'll see how it works.

But her Mother hasn't lived in the US for several years.  Her mother must prove domicile in the US.

[guru8904 3]

45 minutes ago, Crazy Cat said:

But her Mother hasn't lived in the US for several years.  Her mother must prove domicile in the US.

That's where we are stuck. I guess she has no choice but to go ahead wirh the interview and see what happens. 

[arken 4,197]

1 hour ago, guru8904 said:

That's where we are stuck. I guess she has no choice but to go ahead wirh the interview and see what happens. 

Note that even if the visa is issued after showing petitioner's "intent to domicile" in the US, visa holders won't be allowed entry to the US at the immigration checkpoint if the petitioner doesn't travel with or before them.

[guru8904 3]

3 minutes ago, arken said:

Note that even if the visa is issued after showing petitioner's "intent to domicile" in the US, visa holders won't be allowed entry to the US at the immigration checkpoint if the petitioner doesn't travel with or before them.

Thanks. I am aware of this limitation. 

[SalishSea 18,096]

On 11/30/2021 at 9:33 PM, guru8904 said:

Thanks. I think our best bet now is to tell the visa officer that the mother would be accompanying her daughter to the US as she is no condition to travel unaccompanied. We'll see how it works.

That is not domicile.   Your wife no longer needs the visa for family reconciliation, as they are all together in Pakistan.   It will be denied.