Upgrading from F3 to F1

[tonyzg97 20]

Hello everyone,

 

My father an USC had filed a petition on my behalf April 30th, 2013 back then I was married for many years, now I have divorced, the question is beside the divorce decree is there any other documentation I need to send to USCIS(my case stills under initial review) so that they can update my category?

 

Don't want to delay the process sending erroneous or incomplete information.

 

Thanks in advance.

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration forum to Bringing Family Members of US Citizens to America forum.

[Lain 64]

On 2018-03-01 at 2:10 PM, tonyzg97 said:

Hello everyone,

 

My father an USC had filed a petition on my behalf April 30th, 2013 back then I was married for many years, now I have divorced, the question is beside the divorce decree is there any other documentation I need to send to USCIS(my case stills under initial review) so that they can update my category?

 

Don't want to delay the process sending erroneous or incomplete information.

 

Thanks in advance.

If your case has not been approved by USCIS yet, then yes, you should update your status by sending divorce certificate and cover letter.

[tonyzg97 20]

Thanks for your answer.

[tonyzg97 20]

Hi there,

 

Does anybody knows the approximate time that USCIS takes to make the update (months,years)?

 

Thanks

[Lain 64]

15 hours ago, tonyzg97 said:

Hi there,

 

Does anybody knows the approximate time that USCIS takes to make the update (months,years)?

 

Thanks

If you have not heared from them yet, make an inquiry about your status.

[tonyzg97 20]

@Lain, Thanks for your prompt response, I thought there is a time frame outlined somewhere to know the exact processing time for these type of cases but seems like there isn't. Will have to submit a case inquiry then.

[Lain 64]

9 hours ago, tonyzg97 said:

@Lain, Thanks for your prompt response, I thought there is a time frame outlined somewhere to know the exact processing time for these type of cases but seems like there isn't. Will have to submit a case inquiry then.

I think, that USCIS already updated your case category by now and you should expect to get an approval letter soon.

[tonyzg97 20]

Will give it this month, if we don't get an answer and then I will have to go to plan b and inquire.

 

Thanks Lain

[edsperfect 25]

On 3/1/2018 at 5:10 PM, tonyzg97 said:

Hello everyone,

 

My father an USC had filed a petition on my behalf April 30th, 2013 back then I was married for many years, now I have divorced, the question is beside the divorce decree is there any other documentation I need to send to USCIS(my case stills under initial review) so that they can update my category?

 

Don't want to delay the process sending erroneous or incomplete information.

 

Thanks in advance.

Interesting. If married and filed for f3 but gets divorced she can move to f1?  She keeps the same priority date though?  what about someone who files a f1, gets married and then divorced? Do they stay in f1 with same priorty date?  Interesting twists always in the law

[tonyzg97 20]

As far as I understand it all depends if you did notify USCIS or NVC, if you did then categories will change if not it will remain the same marital status until you proof otherwise, then when you get your consular interview you will have to provide your marital status proof anyway, additionally the priority date will not change unless you no longer qualify for the petition you had applied for.

[SusieQQQ 11,587]

27 minutes ago, edsperfect said:

Interesting. If married and filed for f3 but gets divorced she can move to f1?  She keeps the same priority date though?  what about someone who files a f1, gets married and then divorced? Do they stay in f1 with same priorty date?  Interesting twists always in the law

I agree, it’s bizarre that you can do this. What’s to stop someone divorcing their spouse on paper just to move up the line, then remarrying them after they get their green card?

[edsperfect 25]

The question probably is if divorced are you considered by immigrations to be an unmarried son or daughter? I dont know the answer to that but you are right. if married divorce your wife or husband apply as an unmarried and then sometime before your due date comes along remarry them. It does seem sort of dumb to me

[tonyzg97 20]

Well, you need to be unmarried throughout the entire process not just before your priority date becomes available. I don't know what USCIS would think if someone remarries the same person, probably fraud, I would believe, However, I am not certain 

Edited May 4, 2018 by tonyzg97

[SusieQQQ 11,587]

1 hour ago, tonyzg97 said:

Well, you need to be unmarried throughout the entire process not just before your priority date becomes available. I don't know what USCIS would think if someone remarries the same person, probably fraud, I would believe, However, I am not certain 

Oh' I’m sure you can just “suddenly” discover you’re still in love with them and want to remarry them, in the same way as we see numerous people coming in on visit visas or VWP “suddenly “deciding to get married and stay to AOS