Q: US citizen,filed I-130 for married son (38yrs) in 2016. However, he is now divorce. Do I need to reapply for new I-130?
His priority date is August 2016. However, he is now divorce. Can he still use this 'old' priority date or do we need to file a new I-130 as is 45 years old and single.
A: No need to file a new I-130. Priority date will be retained and preference category will be converted to F1
A:
In the case where your son's marital status has changed due to divorce, you generally do not need to reapply for a new I-130 petition. However, it's crucial to inform the United States Citizenship and Immigration Services (USCIS) about the change in marital status and provide any required documentation, such as the divorce decree. Your son can still retain the original priority date from the initial I-130 petition, which is August 2016.
The priority date remains valid regardless of changes in marital status, as long as the original petitioner (you) and beneficiary (your son) maintain their relationship and eligibility. Your son can continue with the immigration process based on the existing I-130 petition, but he will need to update his immigration application forms and provide any necessary documentation reflecting his current marital status.
It's advisable to consult with an immigration attorney or advisor to ensure that all necessary steps are taken to update the USCIS about the divorce and to proceed with the immigration process correctly. By staying informed and adhering to immigration regulations, your son can navigate this change in marital status while continuing to pursue his immigration goals.
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