Change preference to unmarried 21+ child of US citizen

[greatbilal 0]

Hello all ,

I was married and my husband passed away. I asked the NVC to change my status to Unmarried son/daughter 21+ of age (I am applying for the Green Card through my american mom). NVC said they are processing the request (10 days so far). yesterday they sent me /my mom two emails (invoice to pay the AOS , and the other to fill the DS 261).

My question is : Shall I wait till they change my status to F2B (unmarried 21+ ) and then fill the DS 261 and pay the AOS fees ? or do what they ask me regardless of the change request?

I submitted my 1-130 in 2005 and in the visa bulletin they are now working on the apps from 2003.. so sending me these emails mean they already fixed my status ? (is there a way to check my preference (f3 or f2b))?

Another Question:

My mom the applicant has no bank account, no domicile and no source of income whatsoever.. she is living on my siblings account. That means she wont be able to be my sponsor. Can I ask other relative in the states to sponsor me and fill the requested forms ?

Thanks in advance

[puru444 44]

Hello all ,

I was married and my husband passed away. I asked the NVC to change my status to Unmarried son/daughter 21+ of age (I am applying for the Green Card through my american mom). NVC said they are processing the request (10 days so far). yesterday they sent me /my mom two emails (invoice to pay the AOS , and the other to fill the DS 261).

My question is : Shall I wait till they change my status to F2B (unmarried 21+ ) and then fill the DS 261 and pay the AOS fees ? or do what they ask me regardless of the change request?

I submitted my 1-130 in 2005 and in the visa bulletin they are now working on the apps from 2003.. so sending me these emails mean they already fixed my status ? (is there a way to check my preference (f3 or f2b))?

Another Question:

My mom the applicant has no bank account, no domicile and no source of income whatsoever.. she is living on my siblings account. That means she wont be able to be my sponsor. Can I ask other relative in the states to sponsor me and fill the requested forms ?

Thanks in advance

I have read the whole comment of yours and what I have got the idea are the following points and my conclusion is completely on the basis of these:

Your Priority Date: 2005 (as u have mentioned you submitted I-130)

Your category: Married daughter of US citizen i.e. F3 (You are not a daughter of greencard holder, because there's no category exist for married son & daughter of greencard holders)

Now, your spouse has been passed away (sorry for that) therefore, u have become single technically.

Since, your mother is a US citizen that means: You are single daughter of US citizen.

Transformation will take place from F3 to F1 not in F2B.

FYI, F1 is in 2006 right now which means your case is current right now.

Only one thing which I have doubt that: Do they consider an applicant of F3 as an unmarried son & daughter in case of divorce & deceased. I would suggest you to take an advice from lawyer or do a lil research on google.

But, one thing is sure that you won't be entitled under F2B because ur mother must not be a greencard holder otherwise u didn't became an F3.

Hope this helps a little. Best of luck for ur case.

[aleful 1,905]

hi

did you send her your husband's death certificate? to be changed to the category F! you need to prove that you are single again. among the documents that your mom has to scan will be the death certificate and you must have another one for the interview.

[aaron2020 11,651]

When the principal beneficiary of an F3 case divorces or is a widow, it becomes an F1 case.

[Darnell 8,479]

1. its good mom is asked to pay the fees now, that means your casefile is moving along at NVC. Fee Payment is ok to do now without any changing of status designation, so that's a plus.

2. you or mom will need to touch base with a supervisor at NVC, via a telephone call, and track down the status designation change, and ask the supervisor exactly what they need to prove up the single status. Other folk have mentioned a death certificate, so be sure to get that into NVC, either for special email when told to send by a NVC Supervisor or with some mailing packet. Regardless of how it goes in, be sure to write a cover letter requesting the status designation change and mention the death certificate and include it with the submittal.

3. Your visa application is being processed now, regardless of what the monthly visa bulletin states. That's a plus ! You got some speed !

4. Your mother is the primary sponser, so she must fill out an I-864 even if 0 income. One of her house-mates can submit a 2nd I-864 and that house-mate will be the joint-sponser or co-sponser. So, that's TWO I-864s on you, one from Mom, one from a house-mate.

Edited December 14, 2013 by Darnell

[greatbilal 0]

Thank you all for your help.

So the visa bulletin saying the f2 is on 2003 has nothing to do with my case cos they already processing it ?

My mom currently is not living in the states and she can't go there for opening a bank account to transfer the fees as they request through her bank..

Can my brother (American) do that instead of her ?

I shall fill the ds261 regardless of the change in status right ?

Thanks for u all.

[aaron2020 11,651]

Thank you all for your help.

So the visa bulletin saying the f2 is on 2003 has nothing to do with my case cos they already processing it ?

My mom currently is not living in the states and she can't go there for opening a bank account to transfer the fees as they request through her bank..

Can my brother (American) do that instead of her ?

I shall fill the ds261 regardless of the change in status right ?

Thanks for u all.

Your brother can pay the fees.

You do realize that your mother must be domiciled (principle resident) in the US in order for you to qualify for a visa right? Immigration is about family reunification. There's no reason to give you a visa if your mother is not living in the US because there's no family reunification when you get here. Therefore your mother has to live here in order for you to get up immigration visa.

[Darnell 8,479]

oops. since yer Mom is not in the USA, I wonder/worry about her legal permanent resident status, as she's the petitioner and primary sponser,

who, must be domiciled in the USA.

I suggest you rethink, refactor, your entire plan, nowish.

[aleful 1,905]

Thank you all for your help.

So the visa bulletin saying the f2 is on 2003 has nothing to do with my case cos they already processing it ?

My mom currently is not living in the states and she can't go there for opening a bank account to transfer the fees as they request through her bank..

Can my brother (American) do that instead of her ?

I shall fill the ds261 regardless of the change in status right ?

Thanks for u all.

That IS a HUGE problem!!!!

Number one, as stated you will never be an F2 an F2 is for unmarried children of residents, your mom is a USC. forget about F2.

in second place your mom needs to be living in the US. As said, the GC is for family unity to come to the US to be with your mom. Why would you need a GC if your mother who has filed for you isn't here?

[Darnell 8,479]

greatbilal -

hey ! what's plan now ?

[greatbilal 0]

Hello all,

The status has changed and I am now Umarried, they are processing my application very quickly.

They asked my mom (the petitioner) to fill the AOS and they asked me to fill the online visa application to fill.

[Darnell 8,479]

Great ! But, whats the plan about Mom being in the USA? That's a big problem, for the I-864. Sure, it's just a small section, tiny section, about domicile on the I-864, but the proof to present is huge, in your Mom's case.