What is F1 and what will happen to my F2A son if I become Citizen?

[youngdaddy 0]

My family's I-130 has been approved on April 2011. They are in Philippines. They are category F2A as far as I know because Im a permanent resident. I am working on my Naturalization right now. If I become a US citizen and upgrade the petition, Im confused between two things that will happen:

1. Will my son (5 yr old) fall under F1 and have to wait longer?

2 Or they will have visa available right away upon me becoming citizen?

And lastly, is F1 son/daughters OVER 21 of a US citizen??? Im worried my son will fall under F1 after I become citizen. He is only 5.

Please advise...

[aleful 1,905]

My family's I-130 has been approved on April 2011. They are in Philippines. They are category F2A as far as I know because Im a permanent resident. I am working on my Naturalization right now. If I become a US citizen and upgrade the petition, Im confused between two things that will happen:

1. Will my son (5 yr old) fall under F1 and have to wait longer?

2 Or they will have visa available right away upon me becoming citizen?

And lastly, is F1 son/daughters OVER 21 of a US citizen??? Im worried my son will fall under F1 after I become citizen. He is only 5.

Please advise...

as you said F1 is unmarried children OVER 21. your son is 5, how can he become a child over 21? It doesn't make sense. He will be immediate family of a USC, just like your spouse.

the only thing that could happen is that you have to file a new i130 and wait again maybe a year. that's the most that can happen, to have to start all over.

[Jojo92122 1,924]

My family's I-130 has been approved on April 2011. They are in Philippines. They are category F2A as far as I know because Im a permanent resident. I am working on my Naturalization right now. If I become a US citizen and upgrade the petition, Im confused between two things that will happen:

1. Will my son (5 yr old) fall under F1 and have to wait longer?

2 Or they will have visa available right away upon me becoming citizen?

And lastly, is F1 son/daughters OVER 21 of a US citizen??? Im worried my son will fall under F1 after I become citizen. He is only 5.

Please advise...

Can we presume that you filed for your wife and your son is a derivative beneficiary? If yes, then visas will immediately be available to your wife and son when you become a US citizen. Your son will not fall into the F1 category. Your wife's case will become an Immediate Relative case. You may be asked to submit an I-130 for your son. Your son and your wife will be able to immigrate together.

[youngdaddy 0]

Yeah I put it on capslock trying to clarify that F1 is sons/daughters OVER 21 of US citizen. So that part is answered.

I dont think I have to file for another I-130 because the previous I-130 has been approved. Were just waiting for the visa which will be available once I become US citizen next month. Correct me If Im mistaken.

[aleful 1,905]

Yeah I put it on capslock trying to clarify that F1 is sons/daughters OVER 21 of US citizen. So that part is answered.

I dont think I have to file for another I-130 because the previous I-130 has been approved. Were just waiting for the visa which will be available once I become US citizen next month. Correct me If Im mistaken.

the new i130 is because children of USC aren't derivatives just like children of LPR. they are filed separatly, a petition for spouse and a separate petition for children. now that you will be a USC they might not consider the derivative status for your son and you will have to file a separate petition for your son. It may be possible. Hopefully not.

[youngdaddy 0]

the new i130 is because children of USC aren't derivatives just like children of LPR. they are filed separatly, a petition for spouse and a separate petition for children. now that you will be a USC they might not consider the derivative status for your son and you will have to file a separate petition for your son. It may be possible. Hopefully not.

They have separate I-130 ever since. WOuld that help?

[aleful 1,905]

They have separate I-130 ever since. WOuld that help?

then no problem.