F2b case... I'm very confused

[ehsan_222 0]

Hi there - In 2008, I got married and filed for divorce a few months later (still in 2008). In 2009, my mother petitioned as a LPR (under F2B) for me (her son). In 2010, the case was approved by USCIS BUT the divorce was not finalized until 2011. In other words, the divorce was filed before the I-130, but was not finalized until after it was approved at USCIS. Since then, my mother has become a US citizen and I have been bumped to F1. When the NVC looks at this case, will they consider my eligibility based on the divorce filing date or the date the divorce was finalized? Am I still eligible under this application given the circumstances?

Edited January 25, 2016 by ehsan_222

[aleful 1,905]

hi

you sure wasted a lot of time, she shouldn't have filed for you until the divorce was finalized, since she needed to send a copy of your divorce decree to prove that you were unmarried at the time of filing

because the marriage was finalized after the petition, the i130 is considered voided, she has to refile for you and all those years will be wasted

now the petition will count as of the day of the new i130 filing, if you continue the process with the old i130 you will be denied at the time of interview, the officer will check the date on your divorce decree and the date your mom filed for you, and since residents cannot file for married children you will be denied because you were still married at the time she filed for you in 2010

have her file another i130 immediately so the time starts counting as of now, and she shouldn't pay anything and send anything for that petition, in fact she should withdraw that i130 and file a new one

[jam2016 10]

You got married and divorced during I-130? So, why are you still holding F1 status? But if your mother is USC now, she can file I-130 for you as an immediate relative of the USC for your LPR status.

Are you in the U.S or overseas?

[ehsan_222 0]

You got married and divorced during I-130? So, why are you still holding F1 status? But if your mother is USC now, she can file I-130 for you as an immediate relative of the USC for your LPR status.

Are you in the U.S or overseas?

No, I got married in 2008. Filed for divorce in 2008. I-130 filed in 2009. I-130 approved in 2010. Divorce finalized in 2011.

[jam2016 10]

What was the previous I-130 approved for and for what category? Are you LPR now? Why are you F1? If you are currently F1, your mom can petition LPR for you as an immediate relative of a USC but she needs to file a new I-130 for you.

If you are in the U.S, she can file both I-130 and I-485 together for you.

[aleful 1,905]

What was the previous I-130 approved for and for what category? Are you LPR now? Why are you F1? If you are currently F1, your mom can petition LPR for you as an immediate relative of a USC but she needs to file a new I-130 for you.

If you are in the U.S, she can file both I-130 and I-485 together for you.

hi

not true, he is not an immediate relative, his category was change from an F2B, child over 21 of a LPR to a F1 child over 21 of a USC

immediate relatives are children under 21 of a USC, as a child over 21, he will go through consular processing in his country, he cannot adjust status in the US

after his mom files for him again, the wait will be over 7 years

[ehsan_222 0]

What was the previous I-130 approved for and for what category? Are you LPR now? Why are you F1? If you are currently F1, your mom can petition LPR for you as an immediate relative of a USC but she needs to file a new I-130 for you.

If you are in the U.S, she can file both I-130 and I-485 together for you.

It was approved under F2B. I'm still abroad from the US as I am still waiting for a visa. However, I'm F1 because my mother is a US citizen now.

[aleful 1,905]

hi

as I stated before, your mom has to file a new petition, that petition has been voided, without intentionally knowing it, you committed immigration fraud, you mom filed a petition for you that you weren't qualified for, since she cannot file for married children

it is considered immigration fraud to try to benefit from a visa that you don't qualify for

[jam2016 10]

hi

not true, he is not an immediate relative, his category was change from an F2B, child over 21 of a LPR to a F1 child over 21 of a USC

immediate relatives are children under 21 of a USC, as a child over 21, he will go through consular processing in his country, he cannot adjust status in the US

after his mom files for him again, the wait will be over 7 years

Hi!

Thanks for correcting me. Waiting 6-7 years is definitely sux.

[NigeriaorBust 4,087]

You were not divorced until the papers were signed . By your account your marriage had ended and you filed for divorced but you were not done with it until 2011. You are not entitled to a visa at this moment because the I130 was not properly filed. Your mother lied when she said you were single. This will come up at the interview when they require you show the divorce paperwork.

[aaron2020 11,651]

Have your mother file a new petition for you.

The US Embassy will deny your visa when it's discovered that your LPR mother filed for a married son. There is no room to let you slip by. The law is the law. An LPR can not file for a married son. You can not benefit from a petitioned that was based on a material misrepresentation when your mom stated you were single.

[noonehere 0]

Hello i am from india my both parents went to us in 2009 and my small brother as f2A since i was more than 23 years old i was applied to F2B

And mother petitioned F2B on 7th april 2010 and i got married after two months and finalized divorced with complete divorce no pending ISSUE in january 2015 and by american embassy the documents regarding petition were sent in august 2015 and i also submitted the marriage and divorce certifate and they were also APPROVED and i got a mail for interview, will i face any problem in interview. so am i eligible for F2B category or not will i get visa?