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Posted

Applicants who want to opt-out of conversion to the F1 category must submit a request using these guidelines:

  • Applicants whose case is at NVC should submit requests using NVC’s online inquiry form.   https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html  NVC will forward the request to USCIS and change the visa category back to F2B upon receipt of USCIS’s approval.
  • Applicants whose case is at a U.S. Embassy or Consulate overseas should ask the embassy to submit a request on their behalf. The consular officer will forward the request and adjudicate the visa application in the F2B category only upon receipt of USCIS’s approval.

I assume the new citizen already has the naturalization certificate, so you can request to opt out now. 

Posted
1 hour ago, healthteacher said:

Hi, what is the process of "opting out" of the category change from F2B (unmarried adult son or daughter) to F1 after naturalizing?

How soon after naturalization should we notify the USCIS?

Is there a particular form to request?

You should look on the movement of the visa bulletin if F1 is faster or F2B. If F1 is faster stick to F1 if F2B is faster you can stay as F2B. You can opt out to automatic conversion of F2B to F1 by sending a letter to DHS/USCIS. I have 2 petitions for my sons. under F2B now I am USC.  As of now the movement of F1 is faster than F2B but I will see if F1 or F2B will be faster for my son's PD. If you need a guide for making the opt out letter I can share it to you.

Filed: Timeline
Posted

Thanks for the nice letter.

The beneficiary is from Colombia, with a priority date of june 2019. As far as I know the I-130 petition is still at the CA service center and it is my understanding that it will probably stay there for a long time before it gets approved and sent to the Colombia Embassy or NVC.

So does the letter get sent to the USCIS CA service center? Can it be sent electronically?

thanks again

 

Filed: Timeline
Posted

Found this earlier post-

If anyone wants to request a F2B retention (from F1), you can write a letter to NVC using this electric form: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html. Fill in all the information, write a request for F2B retention, attach your scan of certificate of naturalization and approval letter (and a signed request letter if possible).

 

After 3 weeks, they will change your case to F2B. However, they will note that the DHS or Consular will decide if your case is valid for F2B (which mean you will have to sign an agreement for F2B retention in the interview). 

 

You should keep all the letters which were being sent by USCIS and NVC. Sometimes, they will ask your approval letter and certificate of naturalization, to prove that your case was approved before you got naturalization (F2B upgraded to F1).

If your case was approved after you got naturalization, which mean you are F1 from the beginning, so you will not have a chance to go to F2B.

 

Remember, you cannot go back to F1 after you request a F2B retention, so you should wait and check F1 and F2B cut off date, to see which one will pass your PD sooner. 

 

In 2017, F1 moved faster than F2B 6 months, then it was retrogressed.

In 2018, F2B moved faster than F1 3 months until now.

 

As you can see, their processing time is changing rapidly so you cannot predict them too soon.

Posted
11 hours ago, healthteacher said:

Sounds like it is better to wait on retention request until approval gets nearer?

Yes it is. Whichever category will be faster go for it that's why you don't need to send the opt-out letter now. You can also read it in the NVC website that you can choose an F1 or F2B whichever is faster. My friend's son submitted it after the interview.

 
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