I need clarification

[babes_lane]

I am from the Philippines and my fiancé is an Indonesian. His mom who is in the US just recently approved her citizenship. She filed for his son's (my fiancé) petition last February 2002. My fiancé is hoping that his application paper will be prioritized now since his mom is already a citizen. I just want to make sure if that is true.

Another thing is that his mom is claiming him as unmarried son, we plan to get married next year. My question is, is it true that once he got his petition paper and ignore it and go ahead with the marriage, the unmarried child [petition of his mom] can still be applied or automatically changed to married child petition?

I hope you understand my inquiry coz I don’t know anything about this. My fiancée really wants me to join him after the marriage. He can’t stay in the Philippines because he is an Indonesian.

Thanks

[PraetorianXI]

How old is he?

[babes_lane]

He is turning 30 but he was 25 years old when his mom applied for a petition and just last monday his mom got her citizenship application approval.

[TheRealCanadian]

She filed for his son's (my fiancé) petition last February 2002. My fiancé is hoping that his application paper will be prioritized now since his mom is already a citizen. I just want to make sure if that is true.

Your fiance is correct. Now that she is a citizen, his case shifted form FB2B (which has an August 1998 priority date) to FB1, which has a priority date of November 2001. So yes, it is prioritized.

Unfortunately, once he gets married to you he will shift to FB3, which has a priority date of February 2000. The bad news is that he will wait longer. The good news is that once you get married, when the FB3 proirity date passes February 2002 you should get a derivative Green Card.

[babes_lane]

So you mean right now FB3 has a priority date of February 2000 and it will take us 2 years of waiting before they work on February 2002 application? He doesn't mind waiting for me if it will only take us 2 years unlike if he gets his petiton paper righ now it will take us 5 years of waiting and also being separated. Please clarify this again. Thank so very much.

[TheRealCanadian]

So you mean right now FB3 has a priority date of February 2000 and it will take us 2 years of waiting before they work on February 2002 application?

It might take 2 years, it might take less, it might take more.

[LucyMO]

Your fiance is correct. Now that she is a citizen, his case shifted form FB2B (which has an August 1998 priority date) to FB1, which has a priority date of November 2001. So yes, it is prioritized.

how can it be current, since she filed it in 2002? It's not current yet:

She filed for his son's (my fiancé) petition last February 2002.

[TheRealCanadian]

how can it be current, since she filed it in 2002?

When did I say it was current?

[LucyMO]

Originally Posted by babes_lane
She filed for his son's (my fiancé) petition last February 2002. My fiancé is hoping that his application paper will be prioritized now since his mom is already a citizen.

when she said "prioritized", she meant - current. IMHO, just following her logic... Then you replied that it's definitely prioritized... You do not mean that it's current, but she may think so....

[TheRealCanadian]

when she said "prioritized", she meant - current. IMHO, just following her logic... Then you replied that it's definitely prioritized... You do not mean that it's current, but she may think so....

I understand your point, but I don't know what she meant or thought, nor can I. She is strictly speaking correct, that the case has been given a higher priority but I've never pointed out that the date is current.

I try not to guess too much as to what people think or assume. I just try to answer the questions I've been asked.

[NewlyMinted]

One this that missing here is that you guys forgot to mention that his case is not upgraded automatically. His mother has to write a letter requesting USCIS to upgrade the case if the has not been approved. If the was approved, the mother has to write the National Visa Center to make the request. In either case, the mother has to include a copy the receipt sent by USCIS when the mother applied for the son and a copy of her natz certificate. If the case was approved, the approval letter and the natz certificate will do. Again, the case will NOT be upgraded automatically, she has to request it.

Good luck

[babes_lane]

Sorry for the confusion I caused but yah, what I meant about "prioritizing" is giving a high priority meaning it will go up to being an FB2B to FB1, i don't mean they will do his application now.

Thank you "NewlyMinted" for the info about the request letter. I guess his mom will do it soon.

I have another question, let us say, my fiance got his approval for FB1, does he need to inform the US embassy that he doesn't want to get it since he wants to get married next year. Once he's married, his status will go down from FB1 to FB3 right? Do we need to apply for the FB3 status (once we got married) or is it automatic once he regret his FB1?

I think my question is confusing again. But please help

[Jackolantern]

Be careful of the timing of the marriage and the upgrading to FB1. If the request to upgrade to FB1 is done before you get married, the case would become current and may get approved before your marriage. If that happens you wouldn't be able to join him; he would have to file for you separately, creating another 5 year wait and separation.

You have to request upgrading to FB1, or adding yourself to the petition and downgrading to FB3. USCIS is not very proactive or automatic with these things. Your case will sit there idle until they feel like doing something with it, or until you explicitly provide them with a reason to do something about it.

[babes_lane]

is that for real? so you think it will be better to request for downgrading to FB3 than sending a request for FB1? but we're not married yet?

All we know is that once his FB1 got approved he could just request for FB3 just like when his mom was still a greencard holder, she didn't do any request not until she became a citizen.

Correct me if I'm wrong.

[Jackolantern]

is that for real? so you think it will be better to request for downgrading to FB3 than sending a request for FB1? but we're not married yet?

When you get married, get your name added to the petition and downgrade to FB3 (FB1 won't allow spouses to be added).

All we know is that once his FB1 got approved he could just request for FB3 just like when his mom was still a greencard holder, she didn't do any request not until she became a citizen.

Once the green card is already approved, it can't be changed to another category.

With all this changing from FB2 to FB1 to FB3 going on, your case is complicated and you should contact a US-based immigration lawyer for specific answers on your specific situation before getting married or requesting a change of category in either direction, rather than relying on the unprofessional opinions from anonymous message boards. You don't have to pay the lawyer thousands of dollars to handle your case from end to end; just find a couple hundred bucks for a one-hour phone consultation. Do the wrong things, or do the right things at the wrong time, and it could cost you years of extra waiting.

[LucyMO]

your case is not that complicated.

[Jackolantern]

your case is not that complicated.

It's not terribly complicated, but it has enough ifs and buts that an immigration newbie could misunderstand some statements on an anonymous message board or otherwise go wrong by basing actions on answers from people who don't know all the facts involved. There are other possible factors that need to be considered that haven't been brought up ... for example, we don't know if the mother has enough income to qualify to sponsor both of them, or whether this poster is subject to J-1 residence requirements, or has a history of being out of status in the US, etc. This person needs to talk to a lawyer, discuss all the facts related to everybody involved, and work out a solid plan for when to get married and when to file what immigration paperwork.

[Triple Citizen]

Babes Lane,
The best approach, in my opinion, would be to marry ASAP and then write to USCIS updating them both with the sponsor's citizenship and the beneficiary's marriage. Then wait it out. Good luck!!!