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Posted

Hi,

 

This is for a pending I-130 petition for a F2B child who recently got married, while their I-130 petition is still pending.

I understand that the I-130 instructions clearly mentions that it's going to be denied or automatically void, however I want to ask the following question:

  1. The petitioner would like to be proactive and inform the service center working on the I-130 petition that the child got married, and request to cancel/void it, is this recommended/not recommended?
  2. In the letter to the USCIS service center, should the petitioner request to (cancel) or (void) the petition? Just in terms of the correct terminology to use in this case.
  3. If this person who just got married is a sibling of a US citizen, and it is intended to proceed with the F4 siblings route, is there any thing to be done in relation to the current F2B case, like to wait for a confirmation that the current F2B petition is indeed void, before proceeding with the F4 I-130 petition?

 

Thanks in advance.

Parents IR-5 Timeline:

 

2/11/2020: I-130 submitted online for both parents

2/13/2020: I-130 received from NSC with 2/11/2020 priority date

5/6/2020: Mom's I-130 approved from NSC (85 processing days)

5/9/2020: Mom's NVC welcome email received, AOS & IV fees paid

5/17/2020: Mom's IV application (DS-260) submitted

9/3/2020: Dad's I-130 approved from TSC (205 processing days)

9/13/2020: Dad's case transferred from USCIS to NVC, and NVC case creation email received

9/13/2020: Dad's IV fee paid

9/16/2020: Dad's IV application (DS-260) submitted

9/17/2020: Civil documents submitted for both parents

9/28/2020: AOS documents submitted for both parents

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted

The beneficiary should have waited marry until after the petitioner became a U.S. citizen.

 

1. Considering the millions of cases USCIS has to work on, every little bit helps. So withdraw the I-130.

 

2. Neither IMHO. I think the term is “withdraw”

 

3. Nothing. The F-4 petition should have been filed as soon as the sibling became a U.S. citizen. F-2B and F-4 could have been running in parallel.

Posted
10 hours ago, Mike E said:

The beneficiary should have waited marry until after the petitioner became a U.S. citizen.

 

1. Considering the millions of cases USCIS has to work on, every little bit helps. So withdraw the I-130.

 

2. Neither IMHO. I think the term is “withdraw”

 

3. Nothing. The F-4 petition should have been filed as soon as the sibling became a U.S. citizen. F-2B and F-4 could have been running in parallel.

 

Thanks Mike for your fast response and recommendations!

Parents IR-5 Timeline:

 

2/11/2020: I-130 submitted online for both parents

2/13/2020: I-130 received from NSC with 2/11/2020 priority date

5/6/2020: Mom's I-130 approved from NSC (85 processing days)

5/9/2020: Mom's NVC welcome email received, AOS & IV fees paid

5/17/2020: Mom's IV application (DS-260) submitted

9/3/2020: Dad's I-130 approved from TSC (205 processing days)

9/13/2020: Dad's case transferred from USCIS to NVC, and NVC case creation email received

9/13/2020: Dad's IV fee paid

9/16/2020: Dad's IV application (DS-260) submitted

9/17/2020: Civil documents submitted for both parents

9/28/2020: AOS documents submitted for both parents

 
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