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tin.e

to file or not to file F2A. Husband is also a nurse

By tin.e in Bringing Family Members of Permanent Residents to America

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tin.e Rookie

tin.e   0

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So I already consulted an immigration lawyer.  He advised that I can file for my husband while he is in overseas to work. I am here in the US with PR and my husband has a tourist visa before we got married.  

 

As per my lawyer. I can file for him and wait for the approval and once it is approved he can visit here as a tourist (He was just here last Feb 2022). Is that reasonable? Would the immigration officer let him in since he has a pending petition?

 

He is also a nurse and plans to take the NCLEX this year. Would EB3 be faster for him to get a PR card? What if I already filed for F2A and all of a sudden he passed the NCLEX, could we change the filing from F2A to EB3?

 

Thank you so much and sorry for my confusion. I hope someone could enlighten me with my questions.

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Boiler Grand Master

Boiler   45,525

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EB3 requires an employer to sponsor and takes time, nothing to do with a family based application.

 

He certainly is not banned from visiting once you have filed for him.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Chancy Grand Master

Chancy   6,241

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24 minutes ago, tin.e said:

What if I already filed for F2A and all of a sudden he passed the NCLEX, could we change the filing from F2A to EB3?

 

There is no such thing as switching from F2A to EB3.  Those are two separate, independent visa processes with different requirements and timelines.

 

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tin.e Rookie

tin.e   0

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so can we file both? or not?  or should we cancel the F2A if the timeline of EB3 is faster? 

 

What my immigration lawyer said that the maximum for F2A is maximum 2 years for my husband to come here.

 

EB3 on the other hand, I think is current for most. However, he did not take the NCLEX yet. 

 

so I am a bit confused.

 

thank you so much for replying to my inquiry. 

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tin.e Rookie

tin.e   0

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5 minutes ago, Chancy said:

 

There is no such thing as switching from F2A to EB3.  Those are two separate, independent visa processes with different requirements and timelines.

 

so can we file both? or not?  or should we cancel the F2A if the timeline of EB3 is faster? 

 

What my immigration lawyer said that the maximum for F2A is maximum 2 years for my husband to come here.

 

EB3 on the other hand, I think is current for most. However, he did not take the NCLEX yet. 

 

so I am a bit confused.

 

thank you so much for replying to my inquiry. 

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Boiler Grand Master

Boiler   45,525

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Do you run a Hospital or something, what do you mean can you do both?

 

Seems he is not even qualified as a Nurse yet.

 

F2A is current

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Chancy Grand Master

Chancy   6,241

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1 minute ago, tin.e said:

so can we file both? or not?  or should we cancel the F2A if the timeline of EB3 is faster?

 

You or your husband cannot initiate the EB3 process yourself.  As Boiler mentioned, it requires a US employer to sponsor.

 

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