petitioner becomes US citizen, effect on child, grandchild

[Pigletrma 3]

My wife, a green card holder has petitioned  for her un-married adult daughter (and grand daughter). The I-130 was recently approved and we are waiting for her # to come up. HEr priority date is sep 2018.  During the time since applying, she has had another baby. We are delighted but worried about threethings.

1) Do we need to do anything at this stage to add the grandchild to the I-130 ?

2) If my wife becomes a citizen before  my stepdaughter (and grand daughter) do we need to do anything?

3)  In this case would changing status from f2b to f2a slow things down? Are we required to change her status? 

[Mike E 11,739]

You are required to inform USCIS or State as appropriate when the petitioner becomes a USA citizen.  This way the beneficiary doesn’t get a benefit the beneficent is not entitled to.  

[Dashinka 24,493]

1 hour ago, Pigletrma said:

My wife, a green card holder has petitioned  for her un-married adult daughter (and grand daughter). The I-130 was recently approved and we are waiting for her # to come up. HEr priority date is sep 2018.  During the time since applying, she has had another baby. We are delighted but worried about threethings.

1) Do we need to do anything at this stage to add the grandchild to the I-130 ?

2) If my wife becomes a citizen before  my stepdaughter (and grand daughter) do we need to do anything?

3)  In this case would changing status from f2b to f2a slow things down? Are we required to change her status? 

Actually, if your wife naturalizes before they get their visas, the category would change from F2B to F1.  Based on the latest visa bulletin, this would add approximately a year to their wait for a visa.  If your wife does naturalize she should inform USCIS.

[Boiler 45,487]

I think you mean F1 not F2a and you can apply to keep her priority date

 

Presumably she is not married.

[ME_RHEDZ77 269]

2 hours ago, Pigletrma said:

My wife, a green card holder has petitioned  for her un-married adult daughter (and grand daughter). The I-130 was recently approved and we are waiting for her # to come up. HEr priority date is sep 2018.  During the time since applying, she has had another baby. We are delighted but worried about threethings.

1) Do we need to do anything at this stage to add the grandchild to the I-130 ?

2) If my wife becomes a citizen before  my stepdaughter (and grand daughter) do we need to do anything?

3)  In this case would changing status from f2b to f2a slow things down? Are we required to change her status? 

To answer yoyr questions

1) your wife don’t need to do anything or update USCIS to include the new grandchild. When the time comes the visa is available for NVC process and filling up DS-260, there your step-daughter will include all her children and she must be still unmarried.

 

2) if your wife becomes Citizen, your wife may write USCIS about her becoming US Citizen. Now the pending petition to your step-daughter will be affected. The category will Automatically change from F2B to F1 even your wife will not notify the USCIS about her becoming US Citizen. Waiting times differ from country. Some country like in Mexico will make it more longer for an F1 to wait for the visa becomes available. BUT with the Child Status Protection Act, a beneficiary of F2B must write to USCIS and letting them know that he/she wants to automatic change of category be revoked. And so the benificiary will be able to keep the original category(F2A or F2B) to avoid the much more longer waiting time for F1 category.

 

The only thing that I’m not sure of is if for example waiting time for F1 category in the country of birth of your step daughter is ahead than the F2B, and she will keep the F1 category after your wife becomes citizen, I am not sure if USCIS will still give visas to the derivative/s of the primary applicant or primary beneficiary. Unlike to F2A or F2B these category I am sure with that derivatives will be granted visa same as with of primary beneficiary of petition.

[Family 3,988]

2 hours ago, Pigletrma said:

te is sep 2018.  During the time since applying, she has had another baby. We are delighted but worried about threethings.

1) Do we need to do anything at this stage to add the grandchild to the I-130 ?

2) If my wife becomes a citizen before  my stepdaughter (and grand daughter) do we need to do anything?

3)  In this case would changing status from f2b to f2a slow things down? Are we required to change her status? 

1. Add the grandchild by sending in his birth certificate, he will be a derivative in either the current F-2B ( unmarried adult son/ daughter of LPR) or F-1 ( unmarried adult son / daughter of USC) . 
 

2. If your wife , the Petitioner is already a USC , they already know but you can send in a copy of the Natz Certificate. 
 

3. The change / conversion  from F-2B to F-1 is “  automatic “ .so it happens even if you don’t do anything or send in anything .but your stepdaughter can “ opt” to stay as F-2B if it’s faster.

 

** Now that your wife is a USC,…Am assuming stepdaughter does not want to marry , wait longer under F-3 but come together w her partner ..

 

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

 

 

Visa Classification Under a Preference Category:

(a)  If it is determined that the child of the beneficiary of a second preference petition is over the age of 21 for CSPA purposes, and the petitioner naturalizes, the petition is automatically converted to either first or third preference (provided the marriage occurred after the naturalization of the petitioner).  In such instances the beneficiary will retain the priority date.

(b)  Beneficiaries of family second preference petitions filed as F2B that were automatically converted to family first preference (F1) upon the petitioning parent’s naturalization may exercise the right to “opt out” of the conversion.  This also applies even if the petition in question was originally filed in the F2A category but has now been converted to F2B.  Such automatic conversion from second to first preference status could disadvantage an applicant if the F1 Application Final Action Date is less favorable.

(c)  Currently, only USCIS can approve “opt-out” requests.  To request an opt-out, you should send an email, which only includes the receipt number and individual’s name in the subject line, to the following automated inbox: opt-out@uscis.dhs.gov.  You do not need to submit any supporting documents for the email opt-out request.  You will then receive an automated response approving the request.  Only consular officers may send the email, which should be from their official state.gov email address.

(d)  For a derivative beneficiary in family and employment-based cases, DV cases, and SIV cases, if the derivative beneficiary’s “CSPA age‟ is under 21, the applicant must seek to acquire lawful permanent resident (LPR) status within one year of visa availability for CSPA coverage to continue (see 9 FAM 502.1-1(D)(6) below).  Be aware, however, that retrogression of visa numbers that affects visa availability during that year may extend possible CSPA coverage (see 9 FAM 502.1-1(D)(7), Retrogression of Visa Numbers below).

 

 

 

[arken 4,197]

3 hours ago, Pigletrma said:

1) Do we need to do anything at this stage to add the grandchild to the I-130 ?

No need to anything with uscis and i130. When NVC process starts, just list the child and any new children at the time.

 

 

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2) If my wife becomes a citizen before  my stepdaughter (and grand daughter) do we need to do anything?

Inform NVC or embassy wherever the case will be at that time. 

 

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3)  In this case would changing status from f2b to f2a slow things down? Are we required to change her status?

One can opt to stay on F2B and not go to F1. That can be done during NVC process based on visa bulletin at that time.

 

Till NVC tells your wife to start the process (in 2.5 years or so), no need to do anything.

Edited April 2, 2022 by arken

[Pigletrma 3]

What and when would we need to do for daughter to "choose to maintain her F2b status"? I My wife is not yet a citizen, but a green card holder waiting for her citizenship interview. (Thank you everyone, by the way! These issues are not easy for me to understand and your help is VERY much appreciated!

[Mundo254 49]

13 hours ago, Pigletrma said:

What and when would we need to do for daughter to "choose to maintain her F2b status"? I My wife is not yet a citizen, but a green card holder waiting for her citizenship interview. (Thank you everyone, by the way! These issues are not easy for me to understand and your help is VERY much appreciated!

When your wife becomes a citizen, check the visa bullettin https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html and confirm which cutoff, F2B and F1 is closer to you priority date (Currently F2B is ahead). If F2B is still ahead, your wife should write to NVC using the public inquiry form https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html and attach naturalization certificate of your wife and request to opt out from the automatic conversion to F1. NVC will escalate the issue to USCIS who will retain your F2B category. If F1 is ahead (unlikely), no need to do anything, your stepdaughter would have already automatically converted to F1. Note, as @arken mentioned this communication to NVC can only begin after you have received a case and invoice number from NVC, which will be a while from now.

 

Edited April 3, 2022 by Mundo254