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Ann & Da

opt-out from automatic conversion of f1 and stay f2b

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Filed: F-1 Visa Country: China
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Last week I received NVC email and immigration transfer my case to NVC. I was following the instruction to send require through ASK NVC FORM to ask stay in F2B not automatic conversion of F1 after I became US citizens.  But the after submitted the form and it seems not working at all. neither confirmation message or error message at all. I do not know my request submitted successful or not. 

 

Anyone had this problem or not please?

Thanks.

Edited by Ann & Da
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Filed: IR-1/CR-1 Visa Country: Ukraine
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There is no option.  The category is changed when you become a citizen.  Your son or daughter is no longer an unmarried child of a US permanent resident.

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Filed: F-1 Visa Country: China
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 image.thumb.png.69037126de6dab9e28471bd2891a49e7.png

thank you for the replying. this is what I found online and I think I can send a message to NVC. the problem is the message I submitted through the form of NVC not working properly.

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45 minutes ago, SteveInBostonI130 said:

There is no option.  The category is changed when you become a citizen.  Your son or daughter is no longer an unmarried child of a US permanent resident.

This is incorrect. There is an option to retain F2B priority date. (You may be thinking of under 21 where there is no option to retain F2A.)

Edited by SusieQQQ
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29 minutes ago, Ann & Da said:

 image.thumb.png.69037126de6dab9e28471bd2891a49e7.png

thank you for the replying. this is what I found online and I think I can send a message to NVC. the problem is the message I submitted through the form of NVC not working properly.

Phone them to check if the request has gone through and if it hasn’t then get the person on the phone to put the request in.

 

 

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Filed: F-1 Visa Country: China
Timeline
39 minutes ago, SusieQQQ said:

Phone them to check if the request has gone through and if it hasn’t then get the person on the phone to put the request in.

 

 

Thank you so much for advice. I felt it was very difficult to get through to call NVC but seems no other better option now. So I am going to call them on Monday and hopefully it goes well. Thank you again. Have a nice day!

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Filed: IR-1/CR-1 Visa Country: Ukraine
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2 hours ago, SusieQQQ said:

This is incorrect. There is an option to retain F2B priority date. (You may be thinking of under 21 where there is no option to retain F2A.)

Ah yes, thank you for the clarification

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Hi, 

 I also had a similar experience and did not receive any confirmation email after sending the request through their ASK NVC site leaving me in a limbo if they received the request or not. Calling them helped and the person on the phone was very helpful in accepting my request over the phone, however, did ask me to send the request through ASK NVC (I confirmed that I did) because we need to submit docs with this opt out request. So make sure you call them and request the opt-out over the phone even though you send the email. I dont recollect but after a few days/weeks, I saw the category changed to F2B (code: F24) when I logged into the CEAC account, not sure if it was a result of my email or the phone call. Hope this helps. Good luck. 

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Filed: F-1 Visa Country: China
Timeline
14 hours ago, AOSFiler said:

Hi, 

 I also had a similar experience and did not receive any confirmation email after sending the request through their ASK NVC site leaving me in a limbo if they received the request or not. Calling them helped and the person on the phone was very helpful in accepting my request over the phone, however, did ask me to send the request through ASK NVC (I confirmed that I did) because we need to submit docs with this opt out request. So make sure you call them and request the opt-out over the phone even though you send the email. I dont recollect but after a few days/weeks, I saw the category changed to F2B (code: F24) when I logged into the CEAC account, not sure if it was a result of my email or the phone call. Hope this helps. Good luck. 

Hi. Good morning.

Thank you for the response. After 30 mins I was waiting in line finally I talked to someone who was picking up my call from NVC. But he said he could not help me via phone for my inquiry and he gave me an email address and ask me to send email with screenshot to their supervisor. I just sent email to them (email address is nvcresearch@state.gov). Now I am waiting for the response. if not after one week then I will call them again.

Thanks.

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Filed: F-1 Visa Country: China
Timeline
10 hours ago, AOSFiler said:

Yes, that what I recollect now that I sent an email in addition to the mail through their website. At some point you will get a reply via email stating the conversion and the new status will be reflected in your CEAC account. This may take some time but you are on right track.

I received an email from NVC Attorney yesterday afternoon and they said " the correspondence submitted is currently under review. An appropriate action will be taken one this review is completed."  I just need to wait to see what will be going on next. Thanks.

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  • 3 weeks later...
Filed: F-1 Visa Country: China
Timeline

update: 

 

The National Visa Center NVC cannot grant your request to opt out of conversion to F-1 status. According to the documents in your file, the case was never classified as an F-2B. It was filed when the petitioner was a lawful permanent resident. But was approved with a Fi visa classification after the petitioner became a U.S. citizen. If you have additional information that would allow for a different decision, please contact Citizenship and Immigration Services USCIS. Opt out provisions are only administered by the Department of Homeland Security DHS.

 

:(

 

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On 11/29/2020 at 5:47 AM, Ann & Da said:

 image.thumb.png.69037126de6dab9e28471bd2891a49e7.png

thank you for the replying. this is what I found online and I think I can send a message to NVC. the problem is the message I submitted through the form of NVC not working properly.

 

31 minutes ago, Ann & Da said:

update: 

 

The National Visa Center NVC cannot grant your request to opt out of conversion to F-1 status. According to the documents in your file, the case was never classified as an F-2B. It was filed when the petitioner was a lawful permanent resident. But was approved with a Fi visa classification after the petitioner became a U.S. citizen. If you have additional information that would allow for a different decision, please contact Citizenship and Immigration Services USCIS. Opt out provisions are only administered by the Department of Homeland Security DHS.

 

:(

 

The first post you quoted above does clearly say if petitioner becomes a citizen after approval. I guess we assumed that was the case, unfortunately it seems it wasn’t so you have no option. 

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Filed: F-1 Visa Country: China
Timeline
9 minutes ago, SusieQQQ said:

 

The first post you quoted above does clearly say if petitioner becomes a citizen after approval. I guess we assumed that was the case, unfortunately it seems it wasn’t so you have no option. 

i filed for my son on 10/2017 and i became citizens on 10/2019. my case got approval on 11/2020 and i did contact with immigration about my case status on 11/2019 right after i got my US passport but no one response me at that time.  then someone told me i should wait until my case got approval and been transferred to NVC. that is why i contacted with NVC recently. but seems it was too late now. 

Edited by Ann & Da
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5 minutes ago, Ann & Da said:

i filed for my son on 10/2017 and i became citizens on 10/2019. my case got approval on 11/2020 and i did contact with immigration about my case status on 11/2019 right after i got my US passport but no one response me at that time.  then someone told me i should wait until my case got approval and been transferred to NVC. that is why i contacted with NVC recently. but seems it was too late now. 

You clearly became a citizen well before the case got approved. It’s not a case of when you contacted them, it is case of what factually happened when. As they said, you became a citizen before the case got approved therefore the case has only ever been an F1 case.  

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