My husband and i both are US citizens. My husband applied I130 petition for our married kids to come to united states. My husband is extremely sick and i am afraid if anything happens to him my kids will not able to migrate. Is there such thing to transfer that petition to my name???
If your husband submitted the I-130, he is the sole petitioner and his petition cannot be transferred over to you. However, the facts you outlined bring up some other possible avenues to seeking a resolution to your situation. Please consult an immigration attorney for specific information about your situation.
Since it was your husband who petitioned your kids and he is the petitioner his petition cannot be "transferred" to another parent. That notwithstanding the situation you describe open up the possibility of other options to resolve this. You need to consult with an experienced immigration lawyer in private about this.
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This situation merits a consultation as it's not simple. Here is a USCIS memorandum addressing the situation. Work with a lawyer on this. http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
No but there is still hope. Your husband's petition is not transferable but there may be other options that can not be explored in an online forum. I recommend you consult with an attorney you can trust to see what options are available.
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