Sponsoring Daughter

[rooji 25]

Hello,

 

I am posting on behalf of my mother-in-law's inquiry about her daughter. She is resident for 5 years at least now. She applied for her unmarried daughter in 2017. Her daughter got married back home in 2019. I advised my mother-in-law to withdraw the i-130 then but she hasn't gotten around to doing it. Now she is due to get her citizenship since she has been in usa for 5 years, someone is telling her not to withdraw her daughter's case since she is due for citizenship and the status will change automatically once she gets her citizenship. My advice to her is that she needs to withdraw her daughter's case since she hasn't applied for citizenship yet and by law her daughter's case is already canceled.

 

So to finish her doubts, can someone tell me I am right and there is no chance of her case being changed after the mother in law's citizenship? Should she withdraw her daughter's case before filling for her citizenship?

 

Thanks in advance

rooj

[Boiler 45,519]

It went dead as soon as the daughter married

 

She can file again once she natutalises

[SusieQQQ 11,586]

The petition is dead. Exactly as boiler said. 

2 minutes ago, Boiler said:

It went dead as soon as the daughter married

 

She can file again once she natutalises

There is no category for married children of lpr, so it died. It cannot change categories because there is no category to change from. 

Edited October 13, 2022 by SusieQQQ

[rooji 25]

10 minutes ago, SusieQQQ said:

The petition is dead. Exactly as boiler said. 

There is no category for married children of lpr, so it died. It cannot change categories because there is no category to change from. 

thank you to both of you. What happens to the daughter's petition if she is not willing to withdraw the application? When the time comes, will they automatically deny the daughter at the time of the interview?

[Boiler 45,519]

3 minutes ago, rooji said:

thank you to both of you. What happens to the daughter's petition if she is not willing to withdraw the application? When the time comes, will they automatically deny the daughter at the time of the interview?

Of course, the basis of her application was being single and staying single.

[rooji 25]

4 minutes ago, Boiler said:

Of course, the basis of her application was being single and staying single.

Got it. Thank you so much! I appreciate it.

[SusieQQQ 11,586]

44 minutes ago, rooji said:

thank you to both of you. What happens to the daughter's petition if she is not willing to withdraw the application? When the time comes, will they automatically deny the daughter at the time of the interview?

Yes of course but officially only at interview after they have paid all the fees etc. what’s the point of waiting to do that?

Just wasting time and money. 

 

Edited October 13, 2022 by SusieQQQ

[JeanneAdil 6,509]

After becoming a USC ,  she can apply for son and daughter 

each (both of them) need a separate petition and all the fees

[rooji 25]

1 minute ago, JeanneAdil said:

After becoming a USC ,  she can apply for son and daughter 

each (both of them) need a separate petition and all the fees

I know that and that is not my question here and she doesn't have any other son beside my husband, only married daughters.

25 minutes ago, SusieQQQ said:

Yes of course but officially only at interview after they have paid all the fees etc. what’s the point of waiting to do that?

Just wasting time and money. 

 

Thanks I appreciate that. I am glad to know this so now I can convince her with more conviction.

[JeanneAdil 6,509]

5 hours ago, rooji said:

I know that and that is not my question here and she doesn't have any other son beside my husband, only married daughters.

Thanks I appreciate that. I am glad to know this so now I can convince her with more conviction.

sorry son-in law 

[SusieQQQ 11,586]

1 hour ago, JeanneAdil said:

sorry son-in law 

? Wouldn’t be a separate petition for the son in law, he would be a derivative spouse of the daughter 

[SteveInBostonI130 3,454]

F3 category allows derivatives.  Spouse and children.

[rooji 25]

17 hours ago, SusieQQQ said:

? Wouldn’t be a separate petition for the son in law, he would be a derivative spouse of the daughter 

how would that be possible after my mother in law turns citizen? I mean if she applies for her daughter, would that mean she can apply for her granddaughter and son-in-law as a derivative? i thought there was an age limit...

[Boiler 45,519]

50 minutes ago, rooji said:

how would that be possible after my mother in law turns citizen? I mean if she applies for her daughter, would that mean she can apply for her granddaughter and son-in-law as a derivative? i thought there was an age limit...

21 adjusted by CSPA

[Mike E 11,739]

48 minutes ago, rooji said:

how would that be possible after my mother in law turns citizen? I mean if she applies for her daughter, would that mean she can apply for her granddaughter and son-in-law as a derivative? i thought there was an age limit...

For reasons I cannot  explain, derivative immigration petitions are not available for immediate relatives of U.S. citizens, whereas they are available for most (all?) categories of immediate relatives of LPRs, and most (all?) categories of non-immediate relatives of LPR. Since daughter is married and/or older than 21, she can have derivatives.