converting F2B to F3

A

aaifor

Registered Users (C)
This is for a friend of mine.

Chronology
  2. 2001 - The father (petitioner) and the mother immigrated to the US as a permanent resident
  3. 2001 - Petitioner filed an I-130 for adult unmarried son (country of charge-ability INDIA) in F2B
  4. 2005 - USCIS approved I- 130
  5. 2006 - The adult son immigrated to Australia as a legal resident of Australia
  6. 2006 - The adult son married to an Indian Citizen (both are now in Australia)
  7. 2007 - USCIS issued I-824
  8. 2007 - Father (petitioner) and mother naturalize as US citizen
  9. 2010 - NVC issues immigrant visa processing fee
  10. 2010 - Father (petitioner) sends letter to NVC stating that son has married and his spouse needs a green card too
  11. 2012 - USCIS sends notice to petitioner stating that the beneficiary no longer qualifies since there is no category for married children of permanent residents

I think my friend the petitioner should have notified USCIS after becoming USC. It has been over a year that USCIS sent them notice regarding NVC returning the case to USCIS.

I understand that the petitioner can file a fresh application for his son in the F3 category.

The question is - Is there a way to retain the F2B priority date and save time (about 5-8 years) on the F3 category so the son and his wife can immigrate sooner to the United States? Or use the previously approved F2B I-130 for filing a new I-130 in the F3 category?


Thank you.
 
Since the son got married before his father became a US citizen, the petition became null and void, and its old priority date cannot be ported to the new petition.
 
Jackolantern said:
Since the son got married before his father became a US citizen, the petition became null and void, and its old priority date cannot be ported to the new petition.
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Hi Jackolantern,
Thank you for you reply. My friends told me that their son is getting divorced. Post divorce:

  1. 1 Once divorced would it be possible to convert the previous F2A petition into F1?
  2. 2 Alternately, can the unmarried son visit the US (visa free as be is Australiann citizen) and once he is here, can his father apply a fresh F1 such that the son doesn't have to leave the country?
 
Marriage before naturalization of the petitioner permanently nullifies the original F2A/F2B petition, and divorcing will not restore it.

His father can file for a fresh F1 or F3, but he won't be allowed to stay in the US while waiting years for the priority date movement unless he has some other legal status like student visa or work visa.
 
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