Upgrading a F2A case!

[kuraish 2]

Hi Everyone....

Let me explain my situation.

I am a LPR and have filed for my wife & daughter. They are in F2A category and our PD is May 2008. We had our interview on December 2010. Our case was put on Administrative Processing (AP). Then Visa Retrogression happened in January 2011 and our PD was no more current. When I checked our case status with US Embassy/DOS, they said our PD is not current to complete the Administrative Process.

Now I have applied for my citizenship. Hopefully, I will be an US citizen by June.

Guys, I have few questions.

(1.) When I get my citizenship, how could I upgrade my case, so my PD will be current to complete the AP? What visa category should my wife & our two year old daughter will belong to?

(2.) Whether my wife & daughter can be in the same visa category?

(3) Approximately, how long it will take to upgrade a case with USCIS?

Your input & advice will be greatly appreciated.

Thanks in advance.

[ADMIRE 3]

Hi Everyone....

Let me explain my situation.

I am a LPR and have filed for my wife & daughter. They are in F2A category and our PD is May 2008. We had our interview on December 2010. Our case was put on Administrative Processing (AP). Then Visa Retrogression happened in January 2011 and our PD was no more current. When I checked our case status with US Embassy/DOS, they said our PD is not current to complete the Administrative Process.

Now I have applied for my citizenship. Hopefully, I will be an US citizen by June.

Guys, I have few questions.

(1.) When I get my citizenship, how could I upgrade my case, so my PD will be current to complete the AP? What visa category should my wife & our two year old daughter will belong to?

(2.) Whether my wife & daughter can be in the same visa category?

(3) Approximately, how long it will take to upgrade a case with USCIS?

Your input & advice will be greatly appreciated.

Thanks in advance.

Once you become a US citizen, your daughter can not be given a visa derivative off her mum's case, unless if their applications (i.e form I-130) had been separate from the very beginning.

That is to say, if what you filed was just one form I-130 originally for the mum, then your daughter can not be given visa under that same i-130 as she wld need to have her own separate i-130 application.

The Consular officer that interviewed me advised me of the above happening shldmy hubby go ahead with the naturalization, so what we did was hold-on on my hubby's naturalization until after we received our visas.

So what you can do is file another form I-130 for your daughter whilst waiting out this AP. Dont worry about PD as you wld be able to upgrade it when you become a US citizen.

hOPE I MADE SOME SENSE?

[kuraish 2]

Once you become a US citizen, your daughter can not be given a visa derivative off her mum's case, unless if their applications (i.e form I-130) had been separate from the very beginning.

That is to say, if what you filed was just one form I-130 originally for the mum, then your daughter can not be given visa under that same i-130 as she wld need to have her own separate i-130 application.

The Consular officer that interviewed me advised me of the above happening shldmy hubby go ahead with the naturalization, so what we did was hold-on on my hubby's naturalization until after we received our visas.

So what you can do is file another form I-130 for your daughter whilst waiting out this AP. Dont worry about PD as you wld be able to upgrade it when you become a US citizen.

hOPE I MADE SOME SENSE?

Hi Admire...

I am confused now. let me explain.

Initially I submitted the I-130 only for my wife after i got married in May 2008. our I-130 was approved in January 2010. our daughter was born while we were in NVC process. I did inform to NVC and my daughter was added to the application. we submitted separate DS230's for my wife and daughter. according to my present situation,

* If I wait till my priority date(May 2008) to be current, it might take another one year or more. current F2A cutoff date is April 2007.its a very long time for me.

I was thinking if I get the US citizenship, my two year old daughter will automatically be an US citizen. so, only my wife need the visa to come to US through the existing I-130. AM I RIGHT? please correct me, if I am wrong.

Guys, I need your valuable advice. I am really stressed out. I am trying for last three years to bring my family here. when I am almost done with this visa process, I was struck in Administrative Process. then our PD was not current. so many obstacles to face in this long visa journey.....

Thanks everyone for your help.

[ADMIRE 3]

Hi Admire...

I am confused now. let me explain.

Initially I submitted the I-130 only for my wife after i got married in May 2008. our I-130 was approved in January 2010. our daughter was born while we were in NVC process. I did inform to NVC and my daughter was added to the application. we submitted separate DS230's for my wife and daughter. according to my present situation,

* If I wait till my priority date(May 2008) to be current, it might take another one year or more. current F2A cutoff date is April 2007.its a very long time for me.

I was thinking if I get the US citizenship, my two year old daughter will automatically be an US citizen. so, only my wife need the visa to come to US through the existing I-130. AM I RIGHT? please correct me, if I am wrong.

Guys, I need your valuable advice. I am really stressed out. I am trying for last three years to bring my family here. when I am almost done with this visa process, I was struck in Administrative Process. then our PD was not current. so many obstacles to face in this long visa journey.....

Thanks everyone for your help.

hey,

i get the drift of what u are trying to do. I believe your daughter is with her mum and not in the US with you? If that is so, then she can not automatically become a US citizen cos there's that clause that the child must have been living with u to enjoy that benefit. So the only thing u can still do for her whilst she's outside the US is still the green card thing that u have on already.

The only thing i was trying to say is that, if and when u become a US citizen, ur daughter can not claim a derivative visa off her mum again, cos she is now termed an individual now - the child of a US citizen.

Ur best option is to either

1. Delay the citizenship, so that the 2 of them can get their visas at the same time.

or

2. Go ahead with citizenship. File a new I-130 form for ur daughter alone. When u become a citizen, upgrade it and that of ur wife. Then they can both get their visas on their own merit at about the same time!

Send me a personal mail if u need more info if u so desire.

Mind u, i cldn't find much answer when i was going thru this period too. maybe most pple are just not in that situation to know much about it.

Send me a private mail with your number, or i send u mine.

Edited April 8, 2011 by ADMIRE

[fazmo 24]

I was reading this post and the lack of proper answer to your question. You or someone else could benefit from a proper answer.

Delaying your citizen is NOT the best option in your case. It is the worst option since you will have to wait for visa approval for more than 2 years. If your priority was current and you were at the interview stage, I would say that is the best option but with the current retrogression and your eminent citizenship status, I am not sure how someone would even recommend that. They may have missed your note of priority date.

Once you become a US citizen, contact both the NVC and USCIS by phone and let them know that you are now a US citizen. Ask them what you should do and follow their instruction. You will need to submit a new petition for the daughter (I-130) since she cannot apply under a derivative immigrant. But keep in mind that this new petition is open & shut case since this is a child of an already approved IV case - so before you know it, her file will be before the consular officer handling your wife's case. When submitting proof of your citizenship your need:

1. Naturalization Certificate or US passport

2. Copy of your Approval Notive (NOA).

The only downside is the extra fees for the new petition for the child but that is way better than almost endless waiting.

[JimVaPhuong 4,863]

I was reading this post and the lack of proper answer to your question. You or someone else could benefit from a proper answer.

Delaying your citizen is NOT the best option in your case. It is the worst option since you will have to wait for visa approval for more than 2 years. If your priority was current and you were at the interview stage, I would say that is the best option but with the current retrogression and your eminent citizenship status, I am not sure how someone would even recommend that. They may have missed your note of priority date.

Once you become a US citizen, contact both the NVC and USCIS by phone and let them know that you are now a US citizen. Ask them what you should do and follow their instruction. You will need to submit a new petition for the daughter (I-130) since she cannot apply under a derivative immigrant. But keep in mind that this new petition is open & shut case since this is a child of an already approved IV case - so before you know it, her file will be before the consular officer handling your wife's case. When submitting proof of your citizenship your need:

1. Naturalization Certificate or US passport

2. Copy of your Approval Notive (NOA).

The only downside is the extra fees for the new petition for the child but that is way better than almost endless waiting.

The processing time for an I-130 petition has little to do with whether or not it's an "open and shut case", and much more to do with how many petitions are waiting in front of yours to be adjudicated. They aren't going to know it's an "open and shut case" until an adjudicator looks at it, and that won't happen until they've digested all the petitions filed before his. I-130's are taking about 5 months for approval now.

I'm also not sure his wife's PD won't be current before he finishes the naturalization process. The cutoff dates for F2A have advanced more than 8 months since the retrogression. If it keeps advancing at this rate then her PD may be current again in a few months. I think there's a reasonable chance it would be faster if he just waited.