F2b Applicant

N

NYB

Registered Users (C)
Hi, I had a question on behalf of a family member (above 21, unmarried), whose green card petiton was applied by the permanent resident parent.

The situation is slightly complicated.

1. The F2B application was done in 1998 by the father who passed away. Mother is still alive, and is a permanent resident. Is there any way to transfer it so that the Mother becomes the sponsorer so as to maintain the priority date of 1998?

2. Also once the priority date does come due, does the sponsor have to show monetary capabilities in the US? This is as the mother is not living here.

3. Is the new law of "Child status protection" (I believe that is the name) applicable in any form???

Would appreciate a response.

Thanks
 
Please could you let me know if you have any response for the above questions.............still waiting.
 
Update??

Just curious - what happened in this case ?

My brother was in F2B category (filed in 1996 by mother in F2A but then due to his age reaching 21 - he got converted to F2B). My mother is a citizen now and hence category of my brother (still unmarried) has been upgraded to F1 (after sending a letter to NVC).

As per this forum, he should get married and get converted to F3 category (and it will still carry original 1996 priority date). However, if his original priority date is not carried forwarded, he goes back of the queue and he will be in trouble..

On the surface this looks not as complicated - however there is a 'catch 22' situation.. He has to get married and show his spouse's detail on on the papers to NVC / Consulate processing his case.. And then just wait for his luck - if he can carry forward his old priority date or not..

Can someone point me to the link for the real law ?

OR

Can someone help me finding someone who has done the category changes from F2B --> F1 --> F3 ??

OR

Suggest a good lawyer who is practicing Family based Immigration cases.. (Rajiv Khanna is more in Employment based Immigration Practice - as I was told).

NOT LOOKING FOR GUESSES - LOOKING FOR REAL INTERPRETATION OF LAW AND REAL EXPERIENCES ONLY..

Thanks
 
Shaken,

Can you please post your findings as I know someone else in the same situation as yours (F2B -> F1 ->F3). Did the spouse get the green card at the same time .. were there any problems?

Thanks,

ind_in_usa
 
Couldn't take chance

He got the GC (and decided not to marry - we couldn't find the definite answer - consulted 3-4 lawyers and there was no consensus - people were just asking to take a chance) Once you get married it was like Catch22 situation - as NVC may reject a case..

Also asked NVC to give us the explanation in writing - but, as usual, NVC didn't give anything clearly in writing.. (It was just a standard letter - if you get married, inform us and we will tell you what to do!!)
 
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