My other sister

[Brisa6]

My sister who remains illegal is desperate. She had been married in 1997 and her husband petitioned for her back then. They got a divorce and now she plans on getting married. Would it be a good idea to do the Fiance thing or should she wait until they are married for him to petition for her. I realize that it is a good thing that someone petitioned for her before 2001.

[MendozaQH]

So she wants to adjust under 245i? As long as she is eligble, she would have to get married first...fiances cannot adjust under 245i since it is for residency.

[ojos_de_alicia]

she can get married i think.. and have her new husband pick up old husbands petition u know? she could benefit from old husband filing for her... instead of doing the waiver.

[Laura]

Hmm... I am not sure if she can use that petition as it's now invalid because they are divorced, but I'm not really sure.

Most people using 245i have a pending petition, like their sibling petitioned for them or an uncle petitioned the whole family and it's just a matter of waiting for a visa number.

I'm not really certain though. She should probably consult with an attorney to be sure.

[MendozaQH]

Hmm... I am not sure if she can use that petition as it's now invalid because they are divorced, but I'm not really sure.

Most people using 245i have a pending petition, like their sibling petitioned for them or an uncle petitioned the whole family and it's just a matter of waiting for a visa number.

I'm not really certain though. She should probably consult with an attorney to be sure.

This is an excert from shusterman's website:
Q6. If my wife's relative files a petition for her on or before April 30, 2001, can we both qualify for permanent residence based upon a labor certification and visa petition filed after that date? How about my children? Once they turn 21 years of age, they won't be entitled to any benefits based on this petition, will they?

A. You and your children are considered to be "derivative beneficiaries" of the petition filed by your wife's relative on her behalf. This entitles not only your wife, but you and your children to the benefits of §245(i). If later on, you qualify for a green card based upon your job, a future job, a petition filed by one of your relatives after April 30, 2001, or if you win the green card lottery no matter how far in the future, you and your family can still adjust status under §245(i).

Even your children who "age-out" by turning 21, or by marrying, will still be entitled to the benefits of §245(i) if they were "derivative beneficiaries" of a visa petition filed by your wife's relative on or before April 30, 2001.

Conversely, if you and your wife divorce, not only will you and your children be eligible for the benefits of §245(i), but so will each of your new spouses and children, as long as the new relationships are in place prior to the time you or your ex-wife adjust status.
here (http://www.shusterman.com/245i-faq.html)

As long as the I-130 was "approvable when filed", it can be used.

[Brisa6]

Thank you everyone, I did read some of the links on Lauraferns signature, but it can be confusing.