Change in Family status and adding derivatives

[PhilJoe 1]

I have three questions regarding my mother-in-law's petition of her unmarried daughter (over 21).

 

First, my mother-in-law became a US citizen last year.  So my sister-in-law is now qualified to be in category F1 instead of F2b.  I keep seeing people say it is "automatic" that she is F1.  But I also read where some people have sent in copies of the sponsor's certificate of US citizenship in order to go to F1 status.  Does my mother-in-law need to do anything at this point or was the Visa Center automatically notified of the status change of my mother-in-law and in turn changed my sister-in-law to F1?

 

Second, my sister-in-law had a child 2 years ago, which is after her petition was approved.  Is it necessary to make that child a derivative now or when my sister-in-law does her application  for the visa she adds her son?  If now, how is that done?

 

Third, my sister-in-law's address has not moved since her petition was approved in 2014.  But our family here in the US has moved.  Is there any reason the Visa Center needs an updated address for my mother-in-law?   (I know her address was changed with USCIS back when we moved.)

 

[SusieQQQ 11,586]

The change to F1 is automatic once they know the petitioner’s status has changed, but uscis/NVC doesn’t get to magically discover she has naturalized, she needs to inform them that she is now a citizen. 
 

Best to add sooner rather than later. 

 

Yes, they will need it to send her documentation in relation to the petition, including any possible RFEs.

 

What country is this for? 
 

 

Edited April 5, 2021 by SusieQQQ

[aaron2020 11,651]

1 hour ago, PhilJoe said:

I have three questions regarding my mother-in-law's petition of her unmarried daughter (over 21).

 

First, my mother-in-law became a US citizen last year.  So my sister-in-law is now qualified to be in category F1 instead of F2b.  I keep seeing people say it is "automatic" that she is F1.  But I also read where some people have sent in copies of the sponsor's certificate of US citizenship in order to go to F1 status.  Does my mother-in-law need to do anything at this point or was the Visa Center automatically notified of the status change of my mother-in-law and in turn changed my sister-in-law to F1?

 

Second, my sister-in-law had a child 2 years ago, which is after her petition was approved.  Is it necessary to make that child a derivative now or when my sister-in-law does her application  for the visa she adds her son?  If now, how is that done?

 

Third, my sister-in-law's address has not moved since her petition was approved in 2014.  But our family here in the US has moved.  Is there any reason the Visa Center needs an updated address for my mother-in-law?   (I know her address was changed with USCIS back when we moved.)

 

1.  By law, the petition automatically goes from F2b to F1 when the petitioner became a US citizen.  It is the responsibility of the petitioner to notify USCIS or the NVC of any changes in the case.  USCIS and the NVC will not automatically know when the petitioner becomes a USC.  The petitioner must notify the agency with the case that the petitioner became a US citizen so the case can be processed in the proper category.  The petitioner sends a cover letter explaining the change and a copy of the naturalization certificate.

 

2.  The child can be added when the case is ready for further processing at the NVC.  Click "add derivative" and provide a copy of the birth certificate with English translation.

 

3.  Google "change of address" and either USCIS or NVC.

[PhilJoe 1]

Thanks for the replies.  I was actually able to finally find the answer by going to the NVC site with my inquiry.  

[PhilJoe 1]

I just wanted to  share with you all what happened with the updating of my sister-in-law's visa category.  Hoping that it may help others.  

 

I had searched the NVC site and found the "Public Inquiry Form".  Here is the link: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

 

I entered all the required info and attached a scanned copy of my mother-in-law's citizenship certificate.  

 

Later that day I received a confirmation of the "inquiry" being received.

 

Today, 12 days later, we received an email that her visa category has been updated to F1.