Son petitioned when unmarried, but now he is married and we need to respond to NVC

[neualex 0]

I petitioned my unmarried son back in 2005, petition was approved and sent to NVC; however, he did not want to come to the US back then, I pushed the petition all these years and now due to COVID19, he wants to come to the US, but he is now married.

 

I understand his visa family preference is now F3 and according to the visa bulletin, F3 petitions with priority date with 2008 are being processed, my son priority date is 2005, I should be alright continuing with the NVC process assumming they would honor his priority for F3, correct?

 

Appreciate your feedback.

[igoyougoduke 1,675]

you can notify USCIS/NVC about the status change and an automatic conversion will happen in the back.

[neualex 0]

James120383,

Thank you for your response.

I was more concerned in his priority going down from F1 to F3, but I guess since USCIS is already processing F3 cases with priority date of 2008 and his priority date is 2005, he would not have to wait for a visa to become available since he is already past the processing time, correct?

 

Follow up question on this, can we add his spouse and his 12-year old stepson as derivatives to his application? 

[Isoversa 8]

Did he not have any interview or any notification of any sort? What is his priority date? Were you a citizen back in 2005 when you applied for him? I find it strange that 2 or 3 years has passed from when his case should have been "current" but has not been processed at all. 

 

If this application is valid, then yes, he may add them as derivative beneficiaries.