Do things look good for the F2B category?

[Lucky2Lucky 2,526]

26 minutes ago, HardRocker1999 said:

 

Alright could someone please write a clear suggestion on whether it's best for a 21 year old to be sponsored by a green card petitioner, or to wait for the petitioner to naturalise. My petitioners are seeming to think for some reason that if they wait to naturalise it'll be more advantageous for me. Could someone write a clear paragraph countering or affirming this, and noting what categories I'd be in for each situation so that I may show them your message. Thanks 😀

You can only have one petitioner.. what is the relationship ?

[geowrian 22,338]

3 hours ago, HardRocker1999 said:

Alright could someone please write a clear suggestion on whether it's best for a 21 year old to be sponsored by a green card petitioner, or to wait for the petitioner to naturalise. My petitioners are seeming to think for some reason that if they wait to naturalise it'll be more advantageous for me. Could someone write a clear paragraph countering or affirming this, and noting what categories I'd be in for each situation so that I may show them your message. Thanks 😀

Why would you wait for the petitioner to naturalize? The sooner you file, the sooner you get in line. The petition can be upgraded if the category changes mid-process.

The only exception would be like if they were a couple months or less away from naturalizing, in which the time to have them upgrade the petition post-naturalization might be slower than just waiting to naturalize first.

 

If this is for F2B (unmarried son/daughter (age 21+) of an LPR), they will have the option to retain F2B category or move to F1 category when the petitioner naturalizes.

In either case the Priority Date is retained.

[SusieQQQ 11,587]

I’m sorry to be so blunt about this, but from what has been described so far it sounds like the petitioner keeps coming up with excuses to delay, I am not sure any written explanation from someone anonymous on the Internet is going to change that. I hope I am mistaken, though. In any case, I would certainly want more information about the strangeness of your father’s apparently endless AOS process as the problem there may also be a problem for you.

[HardRocker1999 0]

1 hour ago, SusieQQQ said:

I’m sorry to be so blunt about this, but from what has been described so far it sounds like the petitioner keeps coming up with excuses to delay, I am not sure any written explanation from someone anonymous on the Internet is going to change that. I hope I am mistaken, though. In any case, I would certainly want more information about the strangeness of your father’s apparently endless AOS process as the problem there may also be a problem for you.

But isn't the F2B better than having to be in the F1. If they're waiting for her to naturalise, that's going to kick me into F1 which has a longer wait time. 

[geowrian 22,338]

46 minutes ago, HardRocker1999 said:

But isn't the F2B better than having to be in the F1. If they're waiting for her to naturalise, that's going to kick me into F1 which has a longer wait time. 

1) It may or may not be. Currently, F2B has a shorter wait than F1 in all categories. If somebody were filing today, in the ~5-9 years (depending on country of chargeability) between filing and the PD becoming current, it's possible that F1 might become a shorter wait.

Each category moves at its own rate depending on how many people actually receive a visa in the given category. Some people pass away, don't want to immigrate, are ineligible for the visa, etc. Some people may have several children that need visas. Some people in F1 may marry and move to F3 instead.

So what is more current today doesn't necessarily mean it will be the case by the time the PD becomes current.

 

2) For F2B to F1 specifically, you have option to retain F2B category or to be automatically converted to F1. So if one were to file today and eventually naturalize, they would have a choice to keep the current category if they think it would be quicker.

Edited July 31, 2020 by geowrian

[milimelo 4,538]

Her? I thought your stepmom is a USC? 

[HardRocker1999 0]

1 hour ago, milimelo said:

Her? I thought your stepmom is a USC? 

Whatever I've written before was incorrect . I never clarified with them before.  She's a GC

[HardRocker1999 0]

1 hour ago, geowrian said:

1) It may or may not be. Currently, F2B has a shorter wait than F1 in all categories. If somebody were filing today, in the ~5-9 years (depending on country of chargeability) between filing and the PD becoming current, it's possible that F1 might become a shorter wait.

Each category moves at its own rate depending on how many people actually receive a visa in the given category. Some people pass away, don't want to immigrate, are ineligible for the visa, etc. Some people may have several children that need visas. Some people in F1 may marry and move to F3 instead.

So what is more current today doesn't necessarily mean it will be the case by the time the PD becomes current.

 

2) For F2B to F1 specifically, you have option to retain F2B category or to be automatically converted to F1. So if one were to file today and eventually naturalize, they would have a choice to keep the current category if they think it would be quicker.

But in any case, wouldn't the best course of action still be to just file an I130 now. No need to wait? Because my parents just keep suggesting oh wait till step mom naturalises then it'll be quicker. They're seeming to think I'll be in an immediate relative category if she's a citizen , but if I'm 21 that's not true right. It's still a preference category. In any case they should file now.

 

Am I right to be disagreeing with what they're saying basically?

[geowrian 22,338]

3 minutes ago, HardRocker1999 said:

But in any case, wouldn't the best course of action still be to just file an I130 now. No need to wait? Because my parents just keep suggesting oh wait till step mom naturalises then it'll be quicker. They're seeming to think I'll be in an immediate relative category if she's a citizen , but if I'm 21 that's not true right. It's still a preference category. In any case they should file now.

 

Am I right to be disagreeing with what they're saying basically?

The sooner the petition is filed, the sooner one should expect to become eligible to immigrate. Waiting to file the petition doesn't speed anything up.

 

If the individual is age 21 or older - or married - when the petition is filed, they are not considered as a child for immigration purposes anymore. They are an adult son/daughter. They would not qualify for an IR-2 visa as a result...they could only qualify for F-1 preference if unmarried or F-3 preference if married.

[HardRocker1999 0]

29 minutes ago, geowrian said:

The sooner the petition is filed, the sooner one should expect to become eligible to immigrate. Waiting to file the petition doesn't speed anything up.

 

If the individual is age 21 or older - or married - when the petition is filed, they are not considered as a child for immigration purposes anymore. They are an adult son/daughter. They would not qualify for an IR-2 visa as a result...they could only qualify for F-1 preference if unmarried or F-3 preference if married.

Right. So sorry to be pushy here lol. But could you outright confirm that I'm essentially right and my parents are wrong about what they're assuming. So I could show them

Edited July 31, 2020 by HardRocker1999

[SusieQQQ 11,587]

I’m going to say one last time. Your father having been in AOS for some time longer than two years implies a problem somewhere, possibly one that could affect you. 
If they wanted you there faster, F2A a year or two ago would have been the way to go. You’d probably have a green card already. But I think there is an important part of the story we don’t know. 

[HardRocker1999 0]

1 hour ago, SusieQQQ said:

I’m going to say one last time. Your father having been in AOS for some time longer than two years implies a problem somewhere, possibly one that could affect you. 
If they wanted you there faster, F2A a year or two ago would have been the way to go. You’d probably have a green card already. But I think there is an important part of the story we don’t know. 

I guess maybe. But right now I'm not in an immediate hurry, I'm fine with F2B. They just keep thinking I'm talking nonsense when I say it's better to file instead of waiting for naturalisation. 

[SusieQQQ 11,587]

1 hour ago, HardRocker1999 said:

I guess maybe. But right now I'm not in an immediate hurry, I'm fine with F2B. They just keep thinking I'm talking nonsense when I say it's better to file instead of waiting for naturalisation. 

You keep avoiding the issue of your dad’s odd process. I just don’t think anyone can give you proper advice with incomplete information. I understand you do not have this information, but this does not make it less relevant.

[HardRocker1999 0]

22 minutes ago, SusieQQQ said:

You keep avoiding the issue of your dad’s odd process. I just don’t think anyone can give you proper advice with incomplete information. I understand you do not have this information, but this does not make it less relevant.

I know it's odd, but he always thinks he knows better than me lol so asking him would go nowhere. All I know is my step mom has the green card so as long as I get petitioned from her. 

[SusieQQQ 11,587]

Ok, good luck.