My Sister's Visa problem.

[nkid 0]

Hello Everyone, I would like to find out about my sister's immigration case. She was in F2A category before, but she got married 2 years ago. Her case right now is in the consulate in Islamabad, Pakistan. She was called for an interview last year in november but we sent a letter to the embassy that she won't be able to show up for the interview, but we havn't told that embassy that she is married so now i have few questions?

How long does the case stays alive in the embassy? On the november of 15th one year will finish right from the date of interview she was called for last year.

If there is any hope in this case how can i tell the embassy that she is now married so they can change her priority and everything she also got one daughter now.

Please help me, Thank you very much.

[YuAndDan 153]

The problem is that the F2A category is ONLY for UN-Married persons. Getting married requires a NEW I-130 filed naming spouse and any dependents that will be immigrating with the intending immigrant, and the priority then becomes F3 and the person doing the sponsoring MUST now be a US citizen, an LPR cannot sponsor persons in the F3, and F4 category.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

Attempting to interview and use the F2A visa when married is MISREPRESENTATION, and can result in serious issues if and when caught by USCIS.

A good read about a couple who misrepresented their marital status and got BURNED later. http://www.nytimes.com/2008/04/12/us/12nat...amp;oref=slogin (Headline is WRONG, NOT-Perfectly Legal Immigrants)

[nkid 0]

The problem is that the F2A category is ONLY for UN-Married persons. Getting married requires a NEW I-130 filed naming spouse and any dependents that will be immigrating with the intending immigrant, and the priority then becomes F3 and the person doing the sponsoring MUST now be a US citizen, an LPR cannot sponsor persons in the F3, and F4 category.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

Attempting to interview and use the F2A visa when married is MISREPRESENTATION, and can result in serious issues if and when caught by USCIS.

A good read about a couple who misrepresented their marital status and got BURNED later. http://www.nytimes.com/2008/04/12/us/12nat...amp;oref=slogin (Headline is WRONG, NOT-Perfectly Legal Immigrants)

Her case is almost done, are you sure that there is not way that we inform the embassy that she got married after sending her last packets and then they move her category she has already wait 6 years for the immigration process we dont want her to wait again for 6 years, are you sure about this law the link of travel.state.gov doesn't says anything like that the one you sent me sir. Please help

[aaron2020 11,651]

YuAndDan is right. In in sister's case, the LPR parent petitioned for her in the F2A category for unmarried child. Since your sister is married, her petitioned is no longer valid as there is no category for an LPR parent to petition for a married child. She will be denied a visa. It doesn't matter that the embassy has already contacted her, she no longer qualify for an immigration visa under the current petition.

Has your sister's petitioning parent become a US citizen? If yes, a good attorney may be able to help with a change to a F3 petition.

Edited November 5, 2008 by aaron2020

[YuAndDan 153]

YuAndDan is right. In in sister's case, the LPR parent petitioned for her in the F2A category for unmarried child. Since your sister is married, her petitioned is no longer valid as there is no category for an LPR parent to petition for a married child. She will be denied a visa. It doesn't matter that the embassy has already contacted her, she no longer qualify for an immigration visa under the current petition.

Has your sister's petitioning parent become a US citizen? If yes, a good attorney may be able to help with a change to a F3 petition.

Yes, good point a lawyer MAY be able to get the petition changed IF parent has Naturalized and became a US citizen during the wait for the F-2, and get the petition changed to an F-3 and include spouse and children. This may set the petition back a few months (F2 shows Jan 2000, and F3 shows July 2000) for priority dates.

http://travel.state.gov/visa/frvi/bulletin...letin_4371.html

[nkid 0]

YuAndDan is right. In in sister's case, the LPR parent petitioned for her in the F2A category for unmarried child. Since your sister is married, her petitioned is no longer valid as there is no category for an LPR parent to petition for a married child. She will be denied a visa. It doesn't matter that the embassy has already contacted her, she no longer qualify for an immigration visa under the current petition.

Has your sister's petitioning parent become a US citizen? If yes, a good attorney may be able to help with a change to a F3 petition.

Yes, good point a lawyer MAY be able to get the petition changed IF parent has Naturalized and became a US citizen during the wait for the F-2, and get the petition changed to an F-3 and include spouse and children. This may set the petition back a few months (F2 shows Jan 2000, and F3 shows July 2000) for priority dates.

http://travel.state.gov/visa/frvi/bulletin...letin_4371.html

Yes our mother is US citizen now she got naturalized when the case was in NVC and then it got upgraded, so you think a good lawyer can help? do you konw any good laywers in New york brooklyn or manhattan area?

[YuAndDan 153]

YuAndDan is right. In in sister's case, the LPR parent petitioned for her in the F2A category for unmarried child. Since your sister is married, her petitioned is no longer valid as there is no category for an LPR parent to petition for a married child. She will be denied a visa. It doesn't matter that the embassy has already contacted her, she no longer qualify for an immigration visa under the current petition.

Has your sister's petitioning parent become a US citizen? If yes, a good attorney may be able to help with a change to a F3 petition.

Yes, good point a lawyer MAY be able to get the petition changed IF parent has Naturalized and became a US citizen during the wait for the F-2, and get the petition changed to an F-3 and include spouse and children. This may set the petition back a few months (F2 shows Jan 2000, and F3 shows July 2000) for priority dates.

http://travel.state.gov/visa/frvi/bulletin...letin_4371.html

Yes our mother is US citizen now she got naturalized when the case was in NVC and then it got upgraded, so you think a good lawyer can help? do you konw any good laywers in New york brooklyn or manhattan area?

Call around, most will consult for no charge, and charge if they agree to take your case.

[aaron2020 11,651]

YuAndDan is right. In in sister's case, the LPR parent petitioned for her in the F2A category for unmarried child. Since your sister is married, her petitioned is no longer valid as there is no category for an LPR parent to petition for a married child. She will be denied a visa. It doesn't matter that the embassy has already contacted her, she no longer qualify for an immigration visa under the current petition.

Has your sister's petitioning parent become a US citizen? If yes, a good attorney may be able to help with a change to a F3 petition.

Yes, good point a lawyer MAY be able to get the petition changed IF parent has Naturalized and became a US citizen during the wait for the F-2, and get the petition changed to an F-3 and include spouse and children. This may set the petition back a few months (F2 shows Jan 2000, and F3 shows July 2000) for priority dates.

http://travel.state.gov/visa/frvi/bulletin...letin_4371.html

Yes our mother is US citizen now she got naturalized when the case was in NVC and then it got upgraded, so you think a good lawyer can help? do you konw any good laywers in New york brooklyn or manhattan area?

Your sister has an excellent chance of converting the petition for her to a F3. Her husband and child will also be able to get immigration visas.

Try finding a lawyer on www.aila.org.

Good luck.