I applied for my son who is in India in 2006 on Green Card. But in 2009 he got married and has a son also.
I just got Citizenship in 2013 and when we send the letter to change the petition as Citizen applying for her son we got a letter stating that visa is available for him.
But our concern is how can we add his wife and his son in the same petition? Do I need to send another letter or file another I-130 and request for same priority date?
You did not inform the Service so the visa that is available for him is in that category. The problem is that when he got married she dropped out of the FB2B category. Now that you are a citizen he qualifies for FB3 category but I am not sure he will be able to retain the old priority day.
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Employment / Labor Attorney
After marriage, your son's category has changed. Unless he gets divorced, he will have to wait for the priority date to become current. According to the latest Visa Bulletin priority date for married sons in F3 category is 22JUL02.
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Certain petitions will automatically convert but retain their original priority dates. The answer is found in 8 CFR 204.2(i). For explanation of this issue you can consult The Sourcebook by Kurzban page 1006 (13th ed). I would of course not try to handle this yourself but add his wife and son by consulting with an excellent immigration attorney to help you ASAP.
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