All F2B Updates in this Thread

[puru444 44]

Thanks a lot for the reply puru.. This definitely is calming me down a bit..!

His PD is May 11th 2008 under F2B Category. and interview scheduled date is July 31st.

Just out of curiosity have you or someone here been in this situation ?

Thanks,

If initially the petition filed under F2b and then converted to F1 upon the petitioner's naturalization. And if the BENEFICIARY himself not the Petitioner requests the DHS to facilitate the Section-6 of CSPA i.e. Opt-Out by stating the benefits he will get by this. Only then, he may get back into F2B and since ur case has been completed under F2B then there's no doubt to think about it.

Perhaps, there's some different rule applies if the Petition initially filed under F1 and then beneficiary seeks a benefit of opt-out, then they may refuse the request. But im not sure about this, I do have a vague idea about this clause. Actually this opt-out is really confusing to understand as they havnt disclose much info about this and no one ever faced these circumstances before except filipinos.

[apple21 953]

Hey guys,

Anyone has any experience with opt-out from F1 to F2B ? My son's interview is this Friday under F2B category. However I have naturalized. We never converted the case to F1 as the dates for F2b were moving faster and we read about this law.

We have contacted so many agencies about this opt-out but never received any official documentation:

- NVC

- USCIS in US

- In-person meeting at USCIS in US

- In-person meeting at USCIS office in Delhi

- Bombay Consulate where the interview is scheduled.

So just to be clear we never notified NVC to change the category to F1. So the case is being processed as F2B all along, but we are afraid if they ask for any official approval letter for this opt-out.

we are very nervous on what will happen during interview time. Any feedback / suggestions really appreciated.

Thanks,

Based on my husband's experience, he submitted the opt out letter to the local USCIS office at the US Embassy Manila (Philippines). It was submitted (as advised by his lawyer) a year before his PD became current.

Background: PD March 2001. I130 approved June 2005. Petitioner naturalized 2008. PD became current 2011.

He was asked about the opt out letter during his interview because the consul saw his dad's (petitioner) US passport with the AOS docs. He didn't have the opt out letter of approval because it was mailed to the lawyer. He just said he didn't have it. I guess the consul verified it with the local USCIS because he approved my husband's and our kids' visas during the interview.

Not sure how it works with India. My advice would be the beneficiary bring a letter asking to be retained in the F2B category to the interview to be on the safe part. Attach a photocopy of the NOA1, NOA2 and the petitioner's naturalization certificate.

Good luck!

[koski 6]

Hi liberty_always. Completely understand your situation. Was in your shoes and just had my interview last month. Don't know your embassy and what their position is on this. But in my embassy it wasn't a problem. They did ask me if petitioner had naturalized and I told them the truth, the consular officer moved on to another question without probing further. The important thing is to tell your son to be HONEST. They already know the answers to the questions they ask you So no point lying. I was approved and have picked up my visa. Wish you all the best.

[puru444 44]

Hi liberty_always. Completely understand your situation. Was in your shoes and just had my interview last month. Don't know your embassy and what their position is on this. But in my embassy it wasn't a problem. They did ask me if petitioner had naturalized and I told them the truth, the consular officer moved on to another question without probing further. The important thing is to tell your son to be HONEST. They already know the answers to the questions they ask you So no point lying. I was approved and have picked up my visa. Wish you all the best.

They did ask me if petitioner had naturalized and I told them the truth

so, your father did naturalized or not??

[chubbs 11]

Hi Chubbs,

Thanks a lot for sharing your experience here. My son's interview is scheduled for this Friday. Are you a citizen ? If yes, did you have to deal with the opt-out provision of Section 6 under CSPA ?

We are in that boat and extremely tensed as no one knows about it and the procedure for this. We know as a fact its a law but just dont have clear information on how to get the approval. Anyways, guess we will have to find out on Friday.

But will appreciate your response in case you had to deal wtih it.

Thanks again!

No, I remained an LPR, as I noted that F2B was moving faster.

Hi liberty_always. Completely understand your situation. Was in your shoes and just had my interview last month. Don't know your embassy and what their position is on this. But in my embassy it wasn't a problem. They did ask me if petitioner had naturalized and I told them the truth, the consular officer moved on to another question without probing further. The important thing is to tell your son to be HONEST. They already know the answers to the questions they ask you So no point lying. I was approved and have picked up my visa. Wish you all the best.

Congrats Koski!!! Happy for you and welcome to America!

[koski 6]

Tnks chubbs. I pray your son's visa would be issued as soon as possible!

[koski 6]

@puru I've always been in F2b. Never changed and My petitioner has naturalized

[vctrokoye 3]

For those of you that want to apply for F2B revocation, the following link may be helpful to you.

http://www.visajourney.com/forums/topic/313525-f2b-retention/

Please, before you place the request for the revocation, do your research very well to know how long the review takes. The request for the revocation is usually made several months before the priority date becomes current.

[Moon111 0]

Maney days passed away.I am still waiting for IL.Case status still shows at nvc.I don't know if case is completed or not.I thought to call nvc after some days.

[Moon111 0]

How long after reviewing days NVC tell interview date?And what time case changes to READY or TRANSIT?

My priority date is already current.

[sap283 0]

Dear Chubbs,

Thank you so much for taking the time out of your day to explain in such detail your son's interview experience. I appreciate it a lot and will save it for future reference. I am 100% positive that it will be a matter of around 5 business days, maybe a little bit more, maybe a little bit less, for your son to have his passport and visa on hand! Like Puru444 said, it's just part of the routine and procedure. Please keep positive as it won't take months.

And just to remind anyone who reads this post, per NVC guidelines, the I-864A form is always mandatory whenever your sponsor, the one filling out the I-864 form, is married. No exceptions.

Limenita22

The person I am helping is a widowed mother who has sponsored her son(F2B). She doesn't work in USA, but lives with another USC son and his family. Since mom has no income, she doesn't file tax returns in USA, however is listed on USC son's tax return. So, in her case she will file I-864 and her son(whose income and tax return will be used) will file I-864A. Below is what she is planning to submit, anything appears to be missing?

• I-864 (Mother) with $0.00 as a income
• Letter explaining why she hasn't filed tax return(reason would be that she has no taxable income)
• I-864A (for married son who is in US, and who mom lives with)
• Tax return transcripts for USC son's tax return, the income is well above poverty guideline for the family size employment letter or pay stubs is not necessary as per NVC website
• Birth certificate of USC son(to prove relationship with sponsor i.e. mother)
• Wife of USC son(who files tax return as married filing jointly) has no income, does she have to complete I-864A?

Am I missing anything? Thanks in advance...

[chubbs 11]

The person I am helping is a widowed mother who has sponsored her son(F2B). She doesn't work in USA, but lives with another USC son and his family. Since mom has no income, she doesn't file tax returns in USA, however is listed on USC son's tax return. So, in her case she will file I-864 and her son(whose income and tax return will be used) will file I-864A. Below is what she is planning to submit, anything appears to be missing?

• I-864 (Mother) with $0.00 as a income
• Letter explaining why she hasn't filed tax return(reason would be that she has no taxable income)
• I-864A (for married son who is in US, and who mom lives with)
• Tax return transcripts for USC son's tax return, the income is well above poverty guideline for the family size employment letter or pay stubs is not necessary as per NVC website
• Birth certificate of USC son(to prove relationship with sponsor i.e. mother)
• Wife of USC son(who files tax return as married filing jointly) has no income, does she have to complete I-864A?

Am I missing anything? Thanks in advance...

Hey thanks a ton for those encouraging words Limenita! Wishing you and your siblings good luck as your family goes through with the visa procedures.

[anjum123 18]

Hello every one,

Hope you all fine there with your loved ones .

It is to inform you that my son case detail is given below:

Category: F2B

Priority date: July, 2009

Petitioner: Mother

We also haven't received anything as of yet. Should i start NVC processing on my own or wait for something to happen please do let me know me if i need to do something.I would appreciate any help regarding my Son case.

Received NVC welcome Letter today .

Thanks for NVC given me some quick response.

[puru444 44]

Received NVC welcome Letter today .

Thanks for NVC given me some quick response.

Congrats!!

[sap283 0]

The person I am helping is a widowed mother who has sponsored her son(F2B). She doesn't work in USA, but lives with another USC son and his family. Since mom has no income, she doesn't file tax returns in USA, however is listed on USC son's tax return. So, in her case she will file I-864 and her son(whose income and tax return will be used) will file I-864A. Below is what she is planning to submit, anything appears to be missing?

• I-864 (Mother) with $0.00 as a income
• Letter explaining why she hasn't filed tax return(reason would be that she has no taxable income)
• I-864A (for married son who is in US, and who mom lives with)
• Tax return transcripts for USC son's tax return, the income is well above poverty guideline for the family size employment letter or pay stubs is not necessary as per NVC website
• Birth certificate of USC son(to prove relationship with sponsor i.e. mother)
• Wife of USC son(who files tax return as married filing jointly) has no income, does she have to complete I-864A?

Am I missing anything? Thanks in advance...

Any help on above please, TIA...