F2B Retention

[hope2018 25]

Hello everyone, 

One of my siblings is being sponsored by my mother under F2B category but my mother became a USC so the case was converted to F1 and got approved by USCIS. The case is transferred to NVC. 

The priority date is 03/26/2016. Right now F2B processing time is so much faster so we want to ask for F2B retention, will that affect the approval under F1 Category? TIA

[Tm and Je 35]

7 minutes ago, hope2018 said:

Hello everyone, 

One of my siblings is being sponsored by my mother under F2B category but my mother became a USC so the case was converted to F1 and got approved by USCIS. The case is transferred to NVC. 

The priority date is 03/26/2016. Right now F2B processing time is so much faster so we want to ask for F2B retention, will that affect the approval under F1 Category? TIA

Hi. Your sibling can opt-out F1 and change his/her category back to F2B. There is conflicting advice on the USCIS and State Department websites.  l am not sure what is the right one:

 

Uscis says:

"lf you want to opt out of the automatic conversion, you must submit a written request to the USCIS office that approved your Form I-130."

 

State Department says:

"Applicants whose case is at NVC should submit requests using NVC's online inquiry form. NVC will forward the request to USCIS and change the visa category back to F2B upon receipt of USCIS's approval."

 

Hopefully, somebody here who has had recently experience let you know.  

 

How long does this process take? 

[Andreajjf 3]

If your case is at NVC, you need to request at NVC . But if your case is still at USCIS, you need to email them. My mom did this for my sister who she petitioned. It took her 2 days to get a response and approval.

[hope2018 25]

18 hours ago, Andreajjf said:

If your case is at NVC, you need to request at NVC . But if your case is still at USCIS, you need to email them. My mom did this for my sister who she petitioned. It took her 2 days to get a response and approval.

Thank you. When did your mom do you for your sister? 

[Andreajjf 3]

In 2015 when she became Us citizen. Where is your country? Have you checked Visa Bulletine? Some countries, f1 is faster now than F2b. Maybe you don’t need to request opting out for the automatic Covertion. My mom Did and the f1 is faster now to be current in our country and we requested again to be back to f1 and they said NO. Once you opted out, you cannot go back to f1.

[hope2018 25]

3 minutes ago, Andreajjf said:

In 2015 when she became Us citizen. Where is your country? Have you checked Visa Bulletine? Some countries, f1 is faster now than F2b. Maybe you don’t need to request opting out for the automatic Covertion. My mom Did and the f1 is faster now to be current in our country and we requested again to be back to f1 and they said NO. Once you opted out, you cannot go back to f1.

Vietnam. Right now F2b processing time is faster. 

[Andreajjf 3]

8 minutes ago, hope2018 said:

Vietnam. Right now F2b processing time is faster. 

9 minutes ago, hope2018 said:

Vietnam. Right now F2b processing time is faster. 

Got it. First your mom have to submit her citizenship certificate to NVC then once it’s been updated, you can make a request for opting out.