Add additional member as sponsor of an already in process petition for married children

[kindalow]

My father has applied for me as a married son 10 years ago. His health is not looking good, can I add my mother to my application? If so what forms do I need to file?

Thank you in advance

[newacct]

It's not possible to change the petitioner on a petition. If your mother wants to be petitioner, she would have to file a separate I-130, independent from your father's I-130, and the priority date for your mother's petition would be the date she filed it, i.e. the wait would start from scratch for the new petition.

If your father (the petitioner) dies before you immigrate, the petition dies, unless it can be reinstated through either 1) INA 204(l) reinstatement, which requires that you or one of the other beneficiaries were living in the US at the time of the petitioner's death, and continues to live in the US until reinstatement, or 2) humanitarian reinstatement, which requires special humanitarian reasons like strong ties to the US.

Edited April 27, 2022 by newacct