F2A prediction

[TangoVictor 37]

The visa bulletin still shows F2A category as current. It looks like its been like that for a year. Is it crazy to think it will remain the same way until December? 

 

Also, does somebody know if a permanent resident can still petition her husband 2 months after applying for naturalization? If yes, will It be necessary to "upgrade" the petition after the oath?

[geowrian 22,338]

Crazy? No. Supposedly petitions across the board are significantly down right now, so I personally think it will happen.

But it could change at any time.

 

Yes, an LPR can petition a spouse at any time.* It can be upgraded later if the petitioner naturalizes.

Just note 1 exception - if an LPR obtained their LPR status via another marriage, there is a 5 year ban before they can petition another spouse. So they must have either been an LPR for at least 5 years, or obtained citizenship before filing the petition.

[SusieQQQ 11,587]

Highly likely it stays current imo simply because the quotas are way under due to the visa ban. Only AOS is using the quota. Once the ban is over and the backlog has to be dealt with, I’d expect retrogression.

 

 

[TangoVictor 37]

12 minutes ago, geowrian said:

Crazy? No. Supposedly petitions across the board are significantly down right now, so I personally think it will happen.

But it could change at any time.

 

Yes, an LPR can petition a spouse at any time.* It can be upgraded later if the petitioner naturalizes.

Just note 1 exception - if an LPR obtained their LPR status via another marriage, there is a 5 year ban before they can petition another spouse. So they must have either been an LPR for at least 5 years, or obtained citizenship before filing the petition.

Thank you for your answer.

That last paragraph has me thinking though... My girlfriend came to the US when she was 16 years old because her mother came here under a K1 visa to marry a US citizen. She tells me that a year after her mother came, she flew to the US with a  K1 visa as well. I asked her, don´t you mean K2? And she said nono, it said K1. The customs officer at the airport was also confused and asked me who was I gonna marry. So what is going on, does this mean she can`t petition me? She has never been married before, didn´t she had to enter with a K2 instead?

[SalishSea 18,064]

18 minutes ago, TangoVictor said:

Thank you for your answer.

That last paragraph has me thinking though... My girlfriend came to the US when she was 16 years old because her mother came here under a K1 visa to marry a US citizen. She tells me that a year after her mother came, she flew to the US with a  K1 visa as well. I asked her, don´t you mean K2? And she said nono, it said K1. The customs officer at the airport was also confused and asked me who was I gonna marry. So what is going on, does this mean she can`t petition me? She has never been married before, didn´t she had to enter with a K2 instead?

The only way to know which visa she arrived with is to look at it in her passport.

[TangoVictor 37]

2 minutes ago, Jorgedig said:

The only way to know which visa she arrived with is to look at it in her passport.

If in fact she came with a K1 visa then, even though she didnt get married but her mom did, she would be ineligible to sponsor her spouse as a permanent resident for 5 years after getting her green card?

Edited August 8, 2020 by TangoVictor
English

[SalishSea 18,064]

Just now, TangoVictor said:

If in fact she came with a K1 visa then, even though she didnt get married but her mom did, she would be ineligible to sponsor her spouse as a permanent resident for 5 years after getting her green card?

I honestly don't see how it could be possible that she would have 'not known' if she had been petitioned by a USC for a K-1, and expected to get married after arriving.   That would necessitate a slew of errors and fraud on many levels.   The petitioner's name is printed on the K-1 visa as well.  

 

Why does she not just look in her passport from when she arrived?

 

And is she your wife or GF?  If you're not married, she cannot sponsor you as a permanent resident anyway.

[geowrian 22,338]

If she obtained her green card, presumably they already resolved any potential issue with the visa class. As long as she didn't obtain her status via marriage, she's fine. So if she obtained status via her mother's marriage, she has no restriction.

If she did in fact obtain her status via another marriage, then the 5 year bar applies.

[TangoVictor 37]

1 minute ago, geowrian said:

If she obtained her green card, presumably they already resolved any potential issue with the visa class. As long as she didn't obtain her status via marriage, she's fine. So if she obtained status via her mother's marriage, she has no restriction.

If she did in fact obtain her status via another marriage, then the 5 year bar applies.

Thank you!