Change visa categories

[Sokhengphnompenh 0]

1 hour ago, SusieQQQ said:

Well then you can tell the CO at the interview that they’re not coming after all,  but it’s pointless you going through the process yourself if you don’t want to stay in the US. You need a tourist visa, not a green card.

I was denied to apply for tourist visa since last few years.

 

well I will keep as normal and waiting for interviews altogether. And let embassy make considering.

 

 

 

1 hour ago, SusieQQQ said:

Well then you can tell the CO at the interview that they’re not coming after all,  but it’s pointless you going through the process yourself if you don’t want to stay in the US. You need a tourist visa, not a green card.

[Sokhengphnompenh 0]

1 hour ago, aaron2020 said:

You don't need to.  You can tell the US Embassy at your visa interview that your family will not be immigrating.  

It's going to look very strange to the CO that you want to immigrate to live in the US alone without your husband and children.  They may not believe you intend to live in the US as required and may deny you an immigrant visa. 

Thank you for your feedback.

 

I think I should let it be and waiting for interviews altogether.

 

anyways, how long do I need to wait after my document qualified by NVC since October 2020?

[Demise 1,331]

16 hours ago, Sokhengphnompenh said:

I am not sure which one ( F1) or other.

 

currently, I am F3 visa categories but my husband doesn’t want to go to USA, so I will go alone. 

Let me give the breakdown of the categories:

IR: Immediate relatives - Spouses, unmarried children under 21, and parents of US Citizens

F1: Unmarried children over 21 of US Citizens (and any children thereof)

F2A: Spouses, unmarried children under 21 of Permanent Residents (and any children thereof)

F2B: Unmarried children over 21 of Permanent Residents (and any children thereof)

F3: Married children of US Citizens (and spouse and any children thereof)

F4: Siblings of US Citizens (and spouse if married and any children thereof)

 

It's possible to move between categories by marriage, divorce, or aging out e.g:

Age out: F2A to F2B

Marriage: IR or F1 to F3

Divorce/Death/Annulment: F3 to IR or F1 depending on how old you are when the marriage ended

Parent's naturalization: F2A to IR or F2B to F1, or F2A to F1 depending on how old you are when the parent naturalized

Getting married while an F2A or F2B child you kill the petition completely and you have to start over in F3 after your parent naturalizes.

 

In your case if you want to upgrade yourself from F3 to F1, you have to divorce your husband, him not wanting to move is not a valid reason even if both of you were to pinkie swear that he never ever under any circumstances would move to US. If your priority date under F3 is already current then you gain nothing by doing this upgrade and if later changes his mind and you stay married and in F3 he can follow to join you at some point in the future.

Edited April 30, 2021 by Demise

[aaron2020 11,651]

10 hours ago, Sokhengphnompenh said:

Thank you for your feedback.

 

I think I should let it be and waiting for interviews altogether.

 

anyways, how long do I need to wait after my document qualified by NVC since October 2020?

The F3 category was ban for a year.  Before COVID, the NVC had 75,000 cases waiting for interviews.  Now, there are over 500,000 cases.  The huge backlog means that it could be many months before you will get an interview date.

[Cathi 5,783]

You need to be honest and tell the consulate that you are not planning to live in the U.S. and you intend to use your green card as a visitor visa. Lying will only get you banned for life. And you will be rightly denied.

[aaron2020 11,651]

4 minutes ago, Cathi said:

You need to be honest and tell the consulate that you are not planning to live in the U.S. and you intend to use your green card as a visitor visa. Lying will only get you banned for life. And you will be rightly denied.

You're going overboard.  

No reason to scare people needlessly.

What material misrepresentation would the OP be making that warrants a lifetime ban?  NONE.  
 

[Sokhengphnompenh 0]

8 hours ago, Demise said:

Let me give the breakdown of the categories:

IR: Immediate relatives - Spouses, unmarried children under 21, and parents of US Citizens

F1: Unmarried children over 21 of US Citizens (and any children thereof)

F2A: Spouses, unmarried children under 21 of Permanent Residents (and any children thereof)

F2B: Unmarried children over 21 of Permanent Residents (and any children thereof)

F3: Married children of US Citizens (and spouse and any children thereof)

F4: Siblings of US Citizens (and spouse if married and any children thereof)

 

It's possible to move between categories by marriage, divorce, or aging out e.g:

Age out: F2A to F2B

Marriage: IR or F1 to F3

Divorce/Death/Annulment: F3 to IR or F1 depending on how old you are when the marriage ended

Parent's naturalization: F2A to IR or F2B to F1, or F2A to F1 depending on how old you are when the parent naturalized

Getting married while an F2A or F2B child you kill the petition completely and you have to start over in F3 after your parent naturalizes.

 

In your case if you want to upgrade yourself from F3 to F1, you have to divorce your husband, him not wanting to move is not a valid reason even if both of you were to pinkie swear that he never ever under any circumstances would move to US. If your priority date under F3 is already current then you gain nothing by doing this upgrade and if later changes his mind and you stay married and in F3 he can follow to join you at some point in the future.

Yesterday, I changed from “ accompany “ to “ follow-to-joint “ in NVC and still remaining in F3 category. Whenever my husband change his mind to go to USA. My children and my husband still have benefit from my application.

 

During this COVID-19 pandemic in my country, and around the world, my husband doesn’t want my kids to move to any where, he worries about my kids still under 10 years old will be dangerous to them. 
 

so, we decide this way to find the best solution for altogether.

 

Anyways, thank you so much for your advice.

 

Regards,

sokheng

 

 

 

[Sokhengphnompenh 0]

8 hours ago, aaron2020 said:

The F3 category was ban for a year.  Before COVID, the NVC had 75,000 cases waiting for interviews.  Now, there are over 500,000 cases.  The huge backlog means that it could be many months before you will get an interview date.

Thank you for your information.

 

Yesterday, I changed from “ accompany “ to “ follow-to-joint “ in NVC and still remaining in F3 category. Whenever my husband change his mind to go to USA. My children and my husband still have benefit from my application.

 

During this COVID-19 pandemic in my country, and around the world, my husband doesn’t want my kids to move to any where, he worries about my kids still under 10 years old will be dangerous to them. 
 

so, we decide this way to find the best solution for altogether.

 

Anyways, thank you so much for your advice.

 

Regards,

sokheng

 

[Sokhengphnompenh 0]

3 hours ago, aaron2020 said:

You're going overboard.  

No reason to scare people needlessly.

What material misrepresentation would the OP be making that warrants a lifetime ban?  NONE.  
 

Thank you.

 

Yesterday, I changed from “ accompany “ to “ follow-to-joint “ in NVC and still remaining in F3 category. Whenever my husband change his mind to go to USA. My children and my husband still have benefit from my application.

 

During this COVID-19 pandemic in my country, and around the world, my husband doesn’t want my kids to move to any where, he worries about my kids still under 10 years old will be dangerous to them. 
 

so, we decide this way to find the best solution for altogether.

 

Anyways, thank you so much for your advice.

 

Regards,

sokheng

 

[Sokhengphnompenh 0]

3 hours ago, Cathi said:

You need to be honest and tell the consulate that you are not planning to live in the U.S. and you intend to use your green card as a visitor visa. Lying will only get you banned for life. And you will be rightly denied.

Base on my experience,

 

some CO in us embassy believe in liar,

 

 when we say something true, obviously they think we are liar.

 

That’s true. They have to accept it. 
 

Couple years, I wanted to visit my mom when she was in hospitalized, CO did not allow me to past the interviews to visit her. I really feel sorry why they were so heartless. I wanted to go as tourist to visit my mom while she need me but they denied.

 

But some people fake married, they allow them go. I don’t know what kind of judgment which they used. They should use their heart to do some work, they shouldn’t use only fake documents and let those fake couples married travel to USA. 

Edited May 1, 2021 by Sokhengphnompenh

[SalishSea 18,096]

On 4/30/2021 at 6:00 PM, Sokhengphnompenh said:

I wanted to go as tourist to visit my mom while she need me but they denied.

You were denied because they suspected immigrant intent.

[Sokhengphnompenh 0]

42 minutes ago, Jorgedig said:

You were denied because they suspected immigrant intent.

I don’t want in stay there because I have my two kids and my husband in home country.

 

43 minutes ago, Jorgedig said:

You were denied because they suspected immigrant intent.

 

43 minutes ago, Jorgedig said:

You were denied because they suspected immigrant intent.

 

[SusieQQQ 11,587]

6 hours ago, Sokhengphnompenh said:

I don’t want in stay there because I have my two kids and my husband in home country.

 

 

 

...who were listed on your immigrant visa petition as derivatives. Of course the embassy was going to assume immigrant intent.

[Chancy 6,243]

On 5/1/2021 at 9:00 AM, Sokhengphnompenh said:

They should use their heart to do some work

 

Consul officers are required to follow the law in making their judgment, and the law does not state that they should "use their heart".  What is clear in the law is that all tourist visa applicants are presumed to have immigrant intent.  I'm sorry to hear that your mother was hospitalized, but that fact did not help in overcoming the presumption of your immigrant intent.  For the CO looking at your tourist visa application, your reasons for needing to return to your home country matter more than your reasons for wanting to travel to the US.