F2A petitioner becomes a citizen before visa appointment

[healthteacher 18]

If an  LPR F2A petitioner becomes a citizen before the consulate visa interview date for the family (spouse and daughter), does that affect the existing F2A petition?

The interview is in a few weeks, and an updated I-864 copy has been requested for the interview. Form I-864 has a question in part 4 about the petitioner's current status, Citizen, LPR, or US National.

If citizen is checked on the new affidavit, will that negatively affect the outcome of an approved F2A petition at this late stage? Will they require a change or a new petition for the daughter?

[nastra30 2,284]

2 minutes ago, healthteacher said:

If an  LPR F2A petitioner becomes a citizen before the consulate visa interview date for the family (spouse and daughter), does that affect the existing F2A petition? - It does; petitioner should have waited until family was in the US before naturalizing. Daughter being a derivative of spouse on I-130, a new I-130 will be needed for daughter since Petitioner naturalized.

 

The interview is in a few weeks, and an updated I-864 copy has been requested for the interview. Form I-864 has a question in part 4 about the petitioner's current status, Citizen, LPR, or US National.

If citizen is checked on the new affidavit, will that negatively affect the outcome of an approved F2A petition at this late stage? - Citizen has to be correctly checked; It's not an if question.

 

Will they require a change or a new petition for the daughter? - Yes

 

[healthteacher 18]

So will that delay our visa approval?, and what would we have to do over or pay for again?

 

[nastra30 2,284]

9 minutes ago, healthteacher said:

So will that delay our visa approval?, and what would we have to do over or pay for again?

 

Visa approval will be delayed only for daughter. Spouse can be approved at the interview; daughter won't.

Yes, you'll have to file a new I-130 for daughter only and pay for it.

It's rather unfortunate the law allows derivative for LPR but not for citizens. 

 

Edited May 20, 2023 by nastra30

[Pinkrlion 2,716]

You can put spouse visa on hold to wait for daughters approval of I-130 which can take 1-2 years

Edited May 20, 2023 by Pinkrlion

[healthteacher 18]

That is tragic news as these poor folks do not have the resources to wait any longer.

It is too late anyway, I was unaware the petitioner may have attained citizenship and checked the  LPR box, and it has been sent already.

[nastra30 2,284]

3 minutes ago, healthteacher said:

It is too late anyway, I was unaware the petitioner may have attained citizenship and checked the  LPR box, and it has been sent already.

Petitioner submitted form I-864 with misrepresentation in citizenship status?

[healthteacher 18]

Yeah I guess it's petitioners responsibility in the end, even  though he is light on the english. Huh! wish I didnt offer to help now!

 

[Boiler 45,482]

He needs to get that I 130 filed for the child asap and of course notify that he is now a USC

[healthteacher 18]

Meanwhile, would also applying for parole for daughter be advantageous?

They were so happy to finally get the visa appointment, everything was going their way, very sad. Daughter has a worsening medical condition that can be treated, but the medicamentos are not available in their home country. Situation is very dire.

[Boiler 45,482]

B2 medical maybe?

 

Parole well which country are they from?

[Family 3,988]

First have them do an updated/ corrected I-864 that reflects Petitioner / Sponsor is a USC. On last page do a retraction of previously claimed LPR status. ..even a simple I made a boo boo is sufficient.
They know, anyway.

 

File an I-130 for child, then try B1/B2 for medical treatment..and sure attempt humanitarian parole..

Once I-130 is filed, try request for expedited processing as well.

 

Wife should accept her IV , enter to activate LPR status and file for I-131  then go back to care for child until new I-130 makes it to interview 

[healthteacher 18]

they are from cuba, they have tried to do everything legally by the book at great expense of course. Seems kind of unfair since the delays for an interview weren't their fault. Now an updated 864 It is what it is.

[healthteacher 18]

1 hour ago, Boiler said:

B2 medical maybe?

 

Parole well which country are they from?

cuba

 

[Boiler 45,482]

4 minutes ago, healthteacher said:

they are from cuba, they have tried to do everything legally by the book at great expense of course. Seems kind of unfair since the delays for an interview weren't their fault. Now an updated 864 It is what it is.

B seems unlikely and Parole any time soon is a lottery

 

Begs the question why they did not apply for Parole when it came out? That would be the obvious route.