F2B: I-130 petition Approved

[harvy 0]

I am on H1B visa and getting married next year. My fiancee's parents applied her F2B visa. Her I-130 petition got approved last week.

Details:

Priority Date: March 6, 2011

I-130 Petition approval date: Sep 9, 2013

California Service Center

My question is how long will the total process take now to get visa.

Visa bulletin says that they are reviewing F2B cases for 15 FEB 2006 now.

I have two options: first to wait and second to cancel this F2B visa process and apply for H4 for her after getting married.

Please suggest on the time it takes after I-130 petition approval.

Thanks

[Hypnos 6,578]

It will take approximately another five years for her priority date to become current, although if she marries you then her F2B application would be voided.

[apple21 953]

Marriage will terminate her F2B petition. F2B is for unmarried sons/daughters 21 years old and above by LPR. She has to remain unmarried during the entire process and until she enters the USA using the F2B visa.

I'm not familiar with H visas. Will that grant you both permanent residency?

[harvy 0]

I consulted an immigration lawyer on this issue. I was told not to cancel her F2B application, instead she can come to US on H4 visa (dependent visa for wife with husband working on H1B).

Her F2B status will change to F3 (Married sons and daughters of U.S. citizens, and their spouses and minor children). Downside is F3 processing takes even longer time then F2B.

[aleful 1,905]

I consulted an immigration lawyer on this issue. I was told not to cancel her F2B application, instead she can come to US on H4 visa (dependent visa for wife with husband working on H1B).

Her F2B status will change to F3 (Married sons and daughters of U.S. citizens, and their spouses and minor children). Downside is F3 processing takes even longer time then F2B.

hi,

sorry but that lawyer is a liar and only wants to get your money.. only US Citizens can file for married children as you stated. He or she has neglected to tell you that in order to change to that category, her father first has to become a USC before you even marry.

If he is only a LPR and you marry, the petition will be voided because residents cannot file for married children, only USC can.

in order to change category, he has to send the NVC a copy of his citizenship certificate and your marriage certificate, and the NVC meaning immigration will mail him a letter or NOA confirming the change of category. They will check the date he became a USC and the date you were married to see if you were married after he became a USC.

Edited October 20, 2013 by aleful

[harvy 0]

hi,

sorry but that lawyer is a liar and only wants to get your money.. only US Citizens can file for married children as you stated. He or she has neglected to tell you that in order to change to that category, her father first has to become a USC before you even marry.

If he is only a LPR and you marry, the petition will be voided because residents cannot file for married children, only USC can.

in order to change category, he has to send the NVC a copy of his citizenship certificate and your marriage certificate, and the NVC meaning immigration will mail him a letter or NOA confirming the change of category. They will check the date he became a USC and the date you were married to see if you were married after he became a USC.

Thanks for this information Aleful.

Her mother is LPR (not USC). I will discuss this again with different lawyer.

I am getting married in Jan and will bring her to US on H4.

Do we have to cancel her F2B application before entering US, or this will get automatically cancelled.

Thanks again.

[aleful 1,905]

no,

immigration doesn't know yet, but they will when filing all the documents at the NVC stage and it will be a waste of money. and she still has to wait many years

if your employer one day would file for you as a LPR, then she would get the GC as well. forget about her father's petition if you plan on getting married

Edited October 20, 2013 by aleful

[iamwhatiam80 92]

Thanks for this information Aleful.

Her mother is LPR (not USC). I will discuss this again with different lawyer.

I am getting married in Jan and will bring her to US on H4.

Do we have to cancel her F2B application before entering US, or this will get automatically cancelled.

Thanks again.

If she goes to apply for H4, then chances are she will not be granted that visa because she already has a F2B ( immigrant ) petition filed for her.

Also dont think of not mentioning that in the visa application because it can create problems later.

So you have to cancel her F2B first and then apply for her H4 which will definitely be granted if all your paperwork is fine.

[harvy 0]

If she goes to apply for H4, then chances are she will not be granted that visa because she already has a F2B ( immigrant ) petition filed for her.

Also dont think of not mentioning that in the visa application because it can create problems later.

So you have to cancel her F2B first and then apply for her H4 which will definitely be granted if all your paperwork is fine.

Thanks iamwhatiam80.

I am going to India in Jan and have all necessary paper work for H1B extension (done by my employer). I have taken group interview dates in Jan for my H1B visa stamping (extension) and my wife's H4 visa stamping. I have mentioned her F2B status in her application.

I will try to cancel her F2B application by Nov 2013.

[harvy 0]

no,

immigration doesn't know yet, but they will when filing all the documents at the NVC stage and it will be a waste of money. and she still has to wait many years

if your employer one day would file for you as a LPR, then she would get the GC as well. forget about her father's petition if you plan on getting married

Thanks Aleful. This is my plan for now. My employer will apply for my LPR in 2 years.

I am all focused on getting her H4 stamped in Jan 2014. I don't want this F2B application to cause any problem during visa interview. I will try to cancel her F2B application soon.

Please let me know the process for F2B application cancellation. I will also consult different lawyer soon.

[iamwhatiam80 92]

Thanks Aleful. This is my plan for now. My employer will apply for my LPR in 2 years.

I am all focused on getting her H4 stamped in Jan 2014. I don't want this F2B application to cause any problem during visa interview. I will try to cancel her F2B application soon.

Please let me know the process for F2B application cancellation. I will also consult different lawyer soon.

Don't try to cancel the petition, you HAVE to cancel the petition before you go for the H4 stamping.

You cannot do it, her mother or father whoever is the petitioner has to do it.

[harvy 0]

Don't try to cancel the petition, you HAVE to cancel the petition before you go for the H4 stamping.

You cannot do it, her mother or father whoever is the petitioner has to do it.

Thanks again for your quick reply. This is very helpful. I will ask them to do so.

God bless you all.

[lcpteck 0]

Hi,

First of all, I apologize that I'm hijacking this thread but I'm in a similar situation currently.

My mom just called me from US (I live in Singapore), to inform me that my I-130 petition has been approved (F2B). Unfortunately my priority date is Feb 18, 2011. She's unable to read the entire approval letter to me cause mostly are immigration jargon I guess. She's arranging to fax the letter to me so I can read further.

If I heard correctly, I'm supposed to get a separate letter from USCIS regarding this on what to do next? Based on this Priority Date estimator, priority date will only become current around February 2020. Should I start preparing stuff now or wait till 2020 when they contact me again?

If this has been asked numerous times before, hope someone can point me in the right direction on what to expect next and what should I be doing in the meantime. Thank you.

[apple21 953]

Hi,

First of all, I apologize that I'm hijacking this thread but I'm in a similar situation currently.

My mom just called me from US (I live in Singapore), to inform me that my I-130 petition has been approved (F2B). Unfortunately my priority date is Feb 18, 2011. She's unable to read the entire approval letter to me cause mostly are immigration jargon I guess. She's arranging to fax the letter to me so I can read further.

If I heard correctly, I'm supposed to get a separate letter from USCIS regarding this on what to do next? Based on this Priority Date estimator, priority date will only become current around February 2020. Should I start preparing stuff now or wait till 2020 when they contact me again?

If this has been asked numerous times before, hope someone can point me in the right direction on what to expect next and what should I be doing in the meantime. Thank you.

The entire F2B process for your country will take 7 YEARS (from start to finish). Tell your mom to keep the approval letter in a safe place or she can scan and email it to you. You will be contacted by the National Visa Center a year before your PD becomes current, so it will be sometime in 2019. Until then its a waiting game.

You have to remain UNMARRIED the whole time.

Edited October 24, 2013 by apple21

[lcpteck 0]

The entire F2B process for your country will take 7 YEARS (from start to finish). Tell your mom to keep the approval letter in a safe place or she can scan and email it to you. You will be contacted by the National Visa Center a year before your PD becomes current, so it will be sometime in 2019. Until then its a waiting game.

You have to remain UNMARRIED the whole time.

Hi apple21,

Thanks for the reply. Guess I'll look for a mutual girlfriend in the meantime.