theduke2k10
New Member
Here is the senerio: LPR mother makes I-130 for daughter (19), petition approved, mother naturalizes, date of availability is May1. 2010 as a F2A, BUT the NVC has automatically reclassified her as a F1 (no surprise) We are asking to "Opt-out" and retain the F2A.
Question: Is she better to stay a F1 in order to have her (now fiance') come with her as a spouse? Will this work? Or what happens if she marries after she is granted a visa as a "CSPA child" and before she comes to the USA? I read, somewhere, that if the "Child" marries after the petitioner (LPR) is naturalixed, and becomes a citizen, that the "child" can still retain the F2A status even though she marries, because the marriage occured after the naturalization? Can anyone tell me where that is written and how I could be sure that is the case?
Question: Is she better to stay a F1 in order to have her (now fiance') come with her as a spouse? Will this work? Or what happens if she marries after she is granted a visa as a "CSPA child" and before she comes to the USA? I read, somewhere, that if the "Child" marries after the petitioner (LPR) is naturalixed, and becomes a citizen, that the "child" can still retain the F2A status even though she marries, because the marriage occured after the naturalization? Can anyone tell me where that is written and how I could be sure that is the case?
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