F2B to F3 - Change of status

F

funzine

Registered Users (C)
Hi,

My Dad has become citizen.
And I am planning to apply for change of status from FB2 to F3.
  • 2003-Dec: Dad applied for my greencard under FB2 category. (I have case number & Notice of Action I-130)
  • 2008-Jan: I got Married When my dad was Permenant Resident. (Greencard)
  • 2008-May: I came to US on H4 after marriage.
  • 2009-01-01 : Now my dad has become citizen.

Now my question is:-
  1. Can I use my priority date of 2003-Dec?
  2. Do I need to fill I-130 from the begining?
  3. What all documents do I need to send them?


Thanks in advance for your help.


http://forums.immigration.com/showthread.php?p=2000895
 
A1: Debatable. You got married before he became a citizen. Jury is still out on whether you can use your original priority date.
A2: That depends on A1.
A3: Proof of relationship between you and your father.

funzine said:
Now my question is:-
  1. Can I use my priority date of 2003-Dec?
  2. Do I need to fill I-130 from the begining?
  3. What all documents do I need to send them?
Click to expand...
 
Thanks for your reply.
Is there any one, who had similar condition and had applied for FB2 to F3 transfer?
 
funzine said:
Thanks for your reply.
Is there any one, who had similar condition and had applied for FB2 to F3 transfer?
Click to expand...
You I130 petition became void when you got married. There is no such category as married children of permanent residents.
 
Triple Citizen

"Jury is still out on whether you can use your original priority date".
CAn you explain this above View of yours.
Are you a Lawyer?
Thanks
 
Forum members have had several discussions on what happens in a case when the beneficiary moves from one family category to another with a break in the middle. Like in the case of the OP. Sponsored under F2A. Then the I-130 became null and void. Now the OP can be sponsored again by her father under F3. The question is, can the original F2B priority date be applied to the new F3 sponsorship? Some forum members think so, some don't.

shanchak said:
"Jury is still out on whether you can use your original priority date".
CAn you explain this above View of yours.
Click to expand...

No
shanchak said:
Are you a Lawyer?
Click to expand...
 
HI Triple Citizen,
Thanks for your reply.

"Some forum members think so-."

Do you think these members have noticed some cases could retain the priority date in the above situation?
What is your opinion ?Or any other member can input their opinion.

Thanks again
 
shanchak said:
Do you think these members have noticed some cases could retain the priority date in the above situation? What is your opinion ?Or any other member can input their opinion.
Click to expand...

We can all have an opinion, but the only opinion that matters is USCIS and DOS. If the original I-130 was approved, I'd file a new I-130 and submit a copy of the old I-130 approval notice and see what they think.
 
Real Canadian,
Your opinion makes 100% sense!
I am trying to find out if someone has tried your above mentioned opinion.
So many daughters and sons of LPR got separated due to the age out rule.
Then apply again And do not marry wait for green card (Spend total 13+8 +10 years for the green card) and ,is not it a ridiculous law of Immigration for USA?
Anyway I am still in search of any applicant who is successful in converting F2b To F3.
THanks
 
Hi Shanchak,

If you findout, please come back and post your finding here.

Thanks TheRealCanadian again for replies.
Thanks Shanchak for participating in discussion.
 
Why does it matter? As TRC correctly pointed out, what matters is what USCIS and DOS think. I personally think one cannot claim the old priority date. My opinion is not based on any case evidence since I haven't seen any either way.

My opinion is based on fuzzy logic :)
If I call a very busy restaurant and book a table for 4 for dinner 3 weeks ahead. Then 10 days later I call and cancel. Now if I call 4 days after cancelling, want a table for 6 and request the older reservation be restored, do you think I will get it neccessarily? :)

shanchak said:
What is your opinion ?
Click to expand...
 
Triple Citizen said:
If I call a very busy restaurant and book a table for 4 for dinner 3 weeks ahead. Then 10 days later I call and cancel. Now if I call 4 days after cancelling, want a table for 6 and request the older reservation be restored, do you think I will get it neccessarily?
Click to expand...

That's true, but a restaurant does not have the concept of priority portability, whereas USCIS and DOS do. A better analogy might be that your mother asks you out for dinner and makes a reservation for you two at a fancy restaurant. The night before your meal, you get a date with a hot supermodel, so you blow off Mom and call the restaurant and use Mom's reservation for your date. While that wouldn't work with a restaurant, it does work with USCIS/DOS. :)

You're correct in that the cancellation of the I-130 throws a wrinkle into all of this. The only other situation I could see that would be similar is on the employment side, if an I-140 sponsor goes bankrupt and ceases to exist (Ch.7) after I-140 approval but prior to the GC being awarded or AC21 benefits kicking in. I wonder if the PD is transferrable in such a circumstance.

But you are correct, I don't think there's much precedent here - all our OP needs to do is file the I-130 and ask that the original PD be retained, and see what USCIS thinks.
 
The amazing thing is, several posters have come and posed this question. They get advice from both camps, but no one to date, unless I missed all such posts, has ever returned to update us with regards to their case(s).

TheRealCanadian said:
But you are correct, I don't think there's much precedent here - all our OP needs to do is file the I-130 and ask that the original PD be retained, and see what USCIS thinks.
Click to expand...
 
funzine said:
Hi,

My Dad has become citizen.
And I am planning to apply for change of status from FB2 to F3.
  • 2003-Dec: Dad applied for my greencard under FB2 category. (I have case number & Notice of Action I-130)
  • 2008-Jan: I got Married When my dad was Permenant Resident. (Greencard)
  • 2008-May: I came to US on H4 after marriage.
  • 2009-01-01 : Now my dad has become citizen.

Now my question is:-
  1. Can I use my priority date of 2003-Dec?
  2. Do I need to fill I-130 from the begining?
  3. What all documents do I need to send them?


Thanks in advance for your help.


http://forums.immigration.com/showthread.php?p=2000895
Click to expand...
HI Funzine


So you are going to update your case with USCIS as your father has become US citizen.

Can you let us know if you could retain your priority from F2B to F3 ?
Try your best ,do not give up.Write a letter to USCIS explaining your situation.
Wish you best of luck
Shan chak
 
Thanks people.
I have written a long email to USCIS. Lets see. I will post their reply and follow up communication here for benefit of future applicants. :)
 
Hi,

This is what, I found, which makes some logical sense.
When I got married, my F2B application automatically got voided. Married child of Permanent resident is not eligible for family based immigration.
So when my dad became resident, he has to apply for new I-130 and I will loose my priority date. I will still send my old I-130 along with new application and lets see.
 
"So when my dad became resident,"
You mean when your dad become citizen of USA.
you can request for update from F2b to F3 providing your marriage certificate, old I-130 copy and forward letter , requesting USCIs to keep the priority date if possible.
And hope for the best.
 
I know it is water under the bridge, but couldn't you have delayed the marriage by just 12 months and saved yourself from all this worrying now?

funzine said:
When I got married, my F2B application automatically got voided. Married child of Permanent resident is not eligible for family based immigration.
Click to expand...
 
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