Changing sponsor from sister to mother

[AeandLuke 0]

Hi.  My wife's mother has been sponsored by her US sister and her I130 has been approved February 23, 2015 with a W receipt number and with an estimated interview in 2026

How to change her sponsor to my wife now a US citizen?  Interviews in that case (daughter applying for mother) would happen in 2023!

Is it possible?

[Mike E 11,742]

3 minutes ago, AeandLuke said:

Hi.  My wife's mother has been sponsored by her US sister and her I130 has been approved February 23, 2015 with a W receipt number and with an estimated interview in 2026

 

How to change her sponsor to my wife now a US citizen?  Interviews in that case (daughter applying for mother) would happen in 2023!

 

Is it possible?

 

Your wife can file I-130 for her mother.  Both processes can proceed in parallel. 

[powerpuff 6,747]

~~ Topic moved from AOS work/student/tourist visas to Bringing Family Members of US citizens to America — this is not an adjustment of status case ~~

[nastra30 2,330]

12 minutes ago, AeandLuke said:

Hi.  My wife's mother has been sponsored by her US sister and her I130 has been approved February 23, 2015 with a W receipt number and with an estimated interview in 2026

 

How to change her sponsor to my wife now a US citizen?  Interviews in that case (daughter applying for mother) would happen in 2023!

 

Is it possible?

 

Your wife will have to file a new I-130 and pay for it. There is no switching petitioners. Your MIL will then have two parallel cases pending.

Edited September 9, 2022 by nastra30

[Chancy 6,243]

31 minutes ago, AeandLuke said:

How to change her sponsor to my wife now a US citizen?  Interviews in that case (daughter applying for mother) would happen in 2023!

 

If the sister is the petitioner, then the sister will be the primary financial sponsor.  If your wife wants to help with financial sponsorship, she can be a joint sponsor by submitting an I-864.  That way, she and her sister will both be financially liable for their mom's immigration.

 

If your wife wants to be the petitioner and primary financial sponsor, she can file a new I-130 petition for her mom.

 

Is the mom residing outside the US?

 

Edited September 9, 2022 by Chancy
typo

[AeandLuke 0]

The Mom is residing in Thailand

[SteveInBostonI130 3,482]

18 hours ago, AeandLuke said:

The Mom is residing in Thailand

I believe you are asking to switch petitioners?  Sponsor means something different in the world of US immigration.  A sponsor is someone who completes and signs form I-134 or I-864, Affidavit of Support.

 

Your MIL's sister petitioned for her under category F4,  and now your wife wants to be the petitioner for category IR5.  As others have stated, there is no way to "switch" petitioners.  Your wife can submit a new I-130 for your MIL. The bad news is that this is a new petition and the process starts from scratch.  The good news is that IR5 petitions take about a year to approve, instead of many years for the F4 petition from your aunt in law (I assume that was filed in 2009 or 2010?)

 

It will take about 2 years from start to finish - i.e. from when your wife files the I-130 to your MIL entering with her IR5 visa.   

Edited September 10, 2022 by SteveInBostonI130