VISA CLASS CHANGE FROM IR2 TO F11

[ajaydaps 2]

Hello everyone. I have a problem and I need help in navigating it. 

My mum filed the an I-130 in 2016 when she was an LPR for my siblings aged me 20, 18 and 14. We did our medicals and an interview was scheduled but unfortunately our visas was denied. 

Fast forward to 2019, a new I-130 was filed and we did DNA, and submitted forms to NVC we became documentary qualified June 2020, my mum naturalized and is now a US citizen so our case was upgraded to IR2.

 

We’ve received an appointment date in April  but we noticed the visa class has changed from IR2 to F11.

 

Please help, how can it be changed back to IR2?

[Boiler 45,426]

F11. Unmarried son or daughter of U.S. citizen.

[ajaydaps 2]

5 minutes ago, Boiler said:

F11. Unmarried son or daughter of U.S. citizen.

Yes I understand but I need an explanation on the change? Will it affect the issuing of the visa?

[SteveInBostonI130 3,429]

40 minutes ago, ajaydaps said:

Yes I understand but I need an explanation on the change? Will it affect the issuing of the visa?

 

In 2016 you were 20.  In 2019 you were 23, I assume.  Unmarried children over 21 are F11, not IR2.    Your 18 year old sibling may also be F11, depending on his/her age when your filed in 2019.  Your 14 year old sibling should be IR2.

 

There is no wait for a visa for IR2.  That is, an interview can be schedule as soon as all the paperwork is submitted and approved and the embassy has an open slot for the interview.  F11 has about a 7 year wait for a visa to be available.

[ajaydaps 2]

5 hours ago, SteveInBostonI130 said:

 

In 2016 you were 20.  In 2019 you were 23, I assume.  Unmarried children over 21 are F11, not IR2.    Your 18 year old sibling may also be F11, depending on his/her age when your filed in 2019.  Your 14 year old sibling should be IR2.

 

There is no wait for a visa for IR2.  That is, an interview can be schedule as soon as all the paperwork is submitted and approved and the embassy has an open slot for the interview.  F11 has about a 7 year wait for a visa to be available.

Wow I see. Interesting. Yes my 14 year old is still IR2 but the 18 year old and I are F11. Does it mean that the 7 year wait for a visa is the time period from 2016 to 2022? 

[SteveInBostonI130 3,429]

45 minutes ago, ajaydaps said:

Wow I see. Interesting. Yes my 14 year old is still IR2 but the 18 year old and I are F11. Does it mean that the 7 year wait for a visa is the time period from 2016 to 2022? 

 

No.  From the new petition in 2019.  You should have received the NOA1 for the new petitions with the PD dates.  The 7 year wait starts from this date (PD).

[ajaydaps 2]

10 minutes ago, SteveInBostonI130 said:

 

No.  From the new petition in 2019.  You should have received the NOA1 for the new petitions with the PD dates.  The 7 year wait starts from this date (PD).

I see. But can the visa be issued within the 7 year wait? If all documents have been presented

[SteveInBostonI130 3,429]

Just now, ajaydaps said:

I see. But can the visa be issued within the 7 year wait? If all documents have been presented

No.  It is not based on when you submit documents.  It is based on when there is a visa available -- that is, when they get through the people who have been waiting for a visa and petitioned before you. 23,400 F1 visas are allotted every year, and there are approximately 163,800 people who applied.   That is why there is a 7 year wait.   In reality these numbers are not exact due to how DOS splits the world into 5 regions and limits the ones from China, India, Mexico and Philippines to average out the petitions more or less, otherwise the majority of them would be from those countries and not much will be left for the rest of the world.  But for simplifying things, let's go with the 163,800 / 23,400.  

 

There is a chance that some of those who wait drop off - like decide not to immigrate or get married and no longer qualify.   But there is a greater chance that the wait could be longer.  The visa bulletin is based on past data - people who have petitioned in Dec 2014 are now being processed.  In 5 years (April 2027), instead of Dec 2019 being processed they could be processing Jun 2019, because in 2014 there were 163,800 applications but in 2019 there were 175,500 applications waiting.  This would add 6 months to the wait.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-april-2022.html

 

[ajaydaps 2]

4 minutes ago, SteveInBostonI130 said:

No.  It is not based on when you submit documents.  It is based on when there is a visa available -- that is, when they get through the people who have been waiting for a visa and petitioned before you. 23,400 F1 visas are allotted every year, and there are approximately 163,800 people who applied.   That is why there is a 7 year wait.   In reality these numbers are not exact due to how DOS splits the world into 5 regions and limits the ones from China, India, Mexico and Philippines to average out the petitions more or less, otherwise the majority of them would be from those countries and not much will be left for the rest of the world.  But for simplifying things, let's go with the 163,800 / 23,400.  

 

There is a chance that some of those who wait drop off - like decide not to immigrate or get married and no longer qualify.   But there is a greater chance that the wait could be longer.  The visa bulletin is based on past data - people who have petitioned in Dec 2014 are now being processed.  In 5 years (April 2027), instead of Dec 2019 being processed they could be processing Jun 2019, because in 2014 there were 163,800 applications but in 2019 there were 175,500 applications waiting.  This would add 6 months to the wait.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-april-2022.html

 

I really had no idea. So what is the probability a visa would be granted? 

[arken 4,197]

4 hours ago, ajaydaps said:

I really had no idea. So what is the probability a visa would be granted? 

If the DNA proves the parent child relationship, it will be granted. 

 

4 hours ago, ajaydaps said:

I see. But can the visa be issued within the 7 year wait? If all documents have been presented

People get visas granted after 15-20 years wait in some categories. Your and your 24 yr old brother need to wait another 5-6 years for the interview. It's not that they'll forget your documents. They will have everything and you bring the originals of any copies submitted during the interview. It will be granted if DNA proves the relationship. If you are still confused, the interview itself will occur in 5-6 years not now.

Edited March 30, 2022 by arken

[ajaydaps 2]

56 minutes ago, arken said:

If the DNA proves the parent child relationship, it will be granted. 

 

People get visas granted after 15-20 years wait in some categories. Your and your 24 yr old brother need to wait another 5-6 years for the interview. It's not that they'll forget your documents. They will have everything and you bring the originals of any copies submitted during the interview. It will be granted if DNA proves the relationship. If you are still confused, the interview itself will occur in 5-6 years not now.

Wow. I never knew all this. So my brother just told me that the petition date was 2016 and that a new petition wasn’t filed in 2019 but rather the case was created 2019.
With this new information, our petition date was 2016, do we qualify to be under IR2 or still F11?

[SteveInBostonI130 3,429]

2 hours ago, ajaydaps said:

Wow. I never knew all this. So my brother just told me that the petition date was 2016 and that a new petition wasn’t filed in 2019 but rather the case was created 2019.
With this new information, our petition date was 2016, do we qualify to be under IR2 or still F11?

You stated you went to the medical and interview for the petition in 2016 and was denied.  The new petition with DNA evidence was submitted in 2019.  Is this correct?  If so, then your PD date is 2019.  F11

[Chancy 6,241]

*** Moved from Embassy/Consulate Discussion to Bringing Family of USC forum, to be among similar threads about IR2 & F1 cases ***

 

[Divinepath 13]

16 hours ago, ajaydaps said:

Hello everyone. I have a problem and I need help in navigating it. 

My mum filed the an I-130 in 2016 when she was an LPR for my siblings aged me 20, 18 and 14. We did our medicals and an interview was scheduled but unfortunately our visas was denied. 

Fast forward to 2019, a new I-130 was filed and we did DNA, and submitted forms to NVC we became documentary qualified June 2020, my mum naturalized and is now a US citizen so our case was upgraded to IR2.

 

We’ve received an appointment date in April  but we noticed the visa class has changed from IR2 to F11.

 

Please help, how can it be changed back to IR2?

But why were you denied in your first interview?

[ajaydaps 2]

26 minutes ago, Divinepath said:

But why were you denied in your first interview?

Yes we were. We were given a refusal letter. 221g I believe which was administrative processing. I was younger then and didn’t have enough knowledge about the process until 2019 where another case was created and we did the DNA test Nov 2019