Visa Availability for Derivatives

[zzzketchup 0]

Asking for my Brother... Our visa has been granted this June 2020 and we are currently completing the DS-260 form in CEAC website. Our petition was filed/accepted as unmarried child of a US Citizen, however, my brother got married in 2012 and later on added his Derivatives (Spouse + 3 minor kids) in CEAC, his visa category was changed from F11 to F31. The system has flagged that the petition is not eligible for further processing at this time and NVC will retain the petition until an immigrant visa becomes available. 

 

Anyone here with similar case? How long did it take to have your visa available ? I know the priority date will be retained but will it follow the Priority Dates in the monthly Visa Bulletin? Hoping to hear any comments here. Thanks a lot!

[SusieQQQ 11,587]

14 minutes ago, zzzketchup said:

Asking for my Brother... Our visa has been granted this June 2020 and we are currently completing the DS-260 form in CEAC website. Our petition was filed/accepted as unmarried child of a US Citizen, however, my brother got married in 2012 and later on added his Derivatives (Spouse + 3 minor kids) in CEAC, his visa category was changed from F11 to F31. The system has flagged that the petition is not eligible for further processing at this time and NVC will retain the petition until an immigrant visa becomes available. 

 

Anyone here with similar case? How long did it take to have your visa available ? I know the priority date will be retained but will it follow the Priority Dates in the monthly Visa Bulletin? Hoping to hear any comments here. Thanks a lot!

I think you mean petition approved, not visa granted - that happens at interview. 
 

Yes he retains his priority date but now he has to check it under F3 rather than F1 in the visa bulletin. You don’t mention PD or country but for most , F3 is running about 6 years behind F1, and is current for PDs before June 2008 (except Philippines & Mexico).

[SusieQQQ 11,587]

Please don’t repeat identical posts. Already answered in the other thread. 

[aaron2020 11,651]

Hi,

 

Unfortunately, you are confused about a few things.

 

A visa was not granted to your brother in June 2020 since he has just filed a DS-260 application for a visa.   

The reason that your brother's case is not eligible for further processing in the F1 category is that he got married.  By getting married, he automatically moved from the F1 category to the F3 category.  It's most likely that the petitioner parent never notified USCIS or the NVC that he got married before he filed the DS-260.  Upon learning that your brother was married, the NVC informed him that he is no longer qualified to receive a visa in the F1 category and must wait for his PD to be current in the F3 category in order to qualify for further processing.  Please confirm this.  

When did his USC parent file the I-130 for your brother?  

What country was he born in?

[zzzketchup 0]

17 minutes ago, SusieQQQ said:

I think you mean petition approved, not visa granted - that happens at interview. 
 

Yes he retains his priority date but now he has to check it under F3 rather than F1 in the visa bulletin. You don’t mention PD or country but for most , F3 is running about 6 years behind F1, and is current for PDs before June 2008 (except Philippines & Mexico).

Yeah sorry, peitition approved. We are from the Philippines and his proirity date is March 2011, F3 processing in PH is Aug 2002.  Thanks a lot, its a big help! 

[Ontarkie 14,577]

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