F2B to F3 Related Questions

Bhpv3839

Bhpv3839

New Member
Hi,
Upon receiving our Green Card we filed I-130 for my son under Category F2B.
I will become citizen in 2026 December approximately.

My son was married in 2021 December .
1. Once I became citizen what will happen to my sons I-130 on F2B ?
2. My son and daughter-in-law both are on H1B which will expiry by 2027 and 2028 respectively. If my son's status changes to F3 by default can he continue working
in United states after their H1B gets expires or is he eligible to work on F3 status?
3. If my son's I-130 petition statues changes to F3 what happens to my daughter-in-law?
4. If my son's F2B status changes to F3 the priority date of F2B is that going to remain the same..?
5. Once their H1B expiries, are they have to go back to their home country (INIDA)? How that works?
6. Currently the F3 date in 22 Apr 09.

Thank you for all your help.
 
Since your son married before you became a citizen, the petition is void. There must be a valid category at all times, and there is no category for the married child of a permanent resident. If you had become a citizen first and then he married, then it would have moved from F2B to F1 and then to F3. But since he married first before you became a citizen, the petition is dead. You can file a new petition for him after you become a citizen, but the priority date would be when you file the new petition, so the wait would start over from scratch.
 
newacct said:
Since your son married before you became a citizen, the petition is void. There must be a valid category at all times, and there is no category for the married child of a permanent resident. If you had become a citizen first and then he married, then it would have moved from F2B to F1 and then to F3. But since he married first before you became a citizen, the petition is dead. You can file a new petition for him after you become a citizen, but the priority date would be when you file the new petition, so the wait would start over from scratch.
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Thank you so much , we really appreciate your valuable input :)
 
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