Original I-130 and New I-130 CSPA case F2B change to F2A

[manjubala0461@gmail.com]

Got married in 2009; filed I-129F, and also I-130, I-864 for wife and children both children were under 21 years of age; both children included in Original Petition; I-130 petition was approved; NVC case was approved and case number assigned AOS Fees paid; unfortunately lost touch with NVC when moved from TX to CA

 

In CA filed I-485 for three of them; Wife got green card; step-son got green card; step-daughter rejected (marriage took place when she was over 18 yrs age; and K4 could not adjust); she was given 30 days to leave; now in India

 

Wife also after green card filed I-130 which is approved with 2011PD - F2B

 

Please consider 9th Circuit ruling for retention of priority date 'Original Petition' - 9/26/2012 - De Osorio v. Mayorkas - Matter of Wang v. BIA

 

- Per USCIS Website she should be able to retain her Original priority date and her age freezes at 20 years based on original I-130 filed by US citizen?
- Can we use wife's I-130 & 'Original Petition' to change classification from F2B to F2A (with this her PD will be current in August)