Changing visa status category IR-5 to F3.

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Hi Anybody here knows how to change status to F3? 
 

My mother petitioned me last 2001, got approved, she passed, files for Humanitarian Reinstatement, got reaffirmed. I have a wife and a daughter living with me. 
 

My other daughter in the US filed a petition for me and my wife. Just got approved. 

i was wondering if i could go through my daughter’s petition for me ir-5 category, because it will be faster, then when the F3 category is ready to be processed, i could change to f3 so i can bring my daughter with me as my derivative beneficiary. 
 

Any thoughts? 
 

Thank you
 

 

[Crazy Cat 41,845]

"i was wondering if i could go through my daughter’s petition for me ir-5 category, because it will be faster, then when the F3 category is ready to be processed, i could change to f3"

 

No.  It doesn't work like that.  You can have 2 I-130s filed for you, but you can enter the US under only one category.

Edited October 3, 2023 by Crazy Cat

[Boiler 45,486]

F3 is current 

[SJSC81923 1]

Yes. Enter in ir-5 category. Then when f3 is ready, since we are waiting for nvc, i can go back to change my category to f3. I thought that’s what the lwayer said when i consulted them. She said i could do that. 

[Boiler 45,486]

Maybe check with her?

[Crazy Cat 41,845]

4 minutes ago, SJSC81923 said:

I thought that’s what the lwayer said when i consulted them. She said i could do that. 

I don't think an immigration attorney would say that.

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2 minutes ago, Crazy Cat said:

I don't think an immigration attorney would say that.

It was Tancinco who said that. Even gave me figures on how much she would charge. 
 

Im hoping there is someone here that has similar situation. 

[Crazy Cat 41,845]

Just now, SJSC81923 said:

It was Tancinco who said that. Even gave me figures on how much she would charge. 
 

Im hoping there is someone here that has similar situation. 

If your F3 priority date is current, why not just complete the process as an F3??  

[Boiler 45,486]

3 minutes ago, SJSC81923 said:

It was Tancinco who said that. Even gave me figures on how much she would charge. 
 

Im hoping there is someone here that has similar situation. 

New one on me

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3 minutes ago, Crazy Cat said:

If your F3 priority date is current, why not just complete the process as an F3??  

This is where i am torn. I know 2 people, HR reaffirmed, 1 year DQ’d and still no interview for them. 

Maybe ir-5 has faster process. 
 

i just need to get my parents here asap. 

4 minutes ago, Boiler said:

New one on me

Guess i’ll just have to consult her again. 

[Crazy Cat 41,845]

Who is outside the US....You or your parents??

[SJSC81923 1]

12 minutes ago, Crazy Cat said:

Who is outside the US....You or your parents??

I am outside US with my wife and daughter. My mother petitioner of F3 passed. 
 

i have one daughter in the US who filed ir-5 petition for me. 

Just now, SJSC81923 said:

I am outside US with my wife and daughter. My mother petitioner of F3 passed. 
 

i have one daughter in the US who filed ir-5 petition for me. 

Sorry for the confusion. i meant i need to get to the US asap. 

[Chancy 6,241]

*** Moved from Bringing Family of LPR forum to Bringing Family of USC forum, where topics about IR5 and F3 cases are discussed ***

 

1 hour ago, SJSC81923 said:

Anybody here knows how to change status to F3?

 

Your use of the term "change status" might be confusing.  "Change of status" usually refers to a specific process to change from one non-immigrant status to another non-immigrant status.  Both IR5 and F3 are immigrant statuses, so change of status does not apply.

 

Also, there's no process to change directly from IR5 to F3 visa category, as that would mean your daughter (IR5 petitioner) changed into your mother (F3 petitioner), which would be impossible.

 

Maybe your lawyer means than you should complete the IR5 process, then enter the US to become an LPR and stay while waiting for the F3 interview schedule.  Once you have the F3 appointment, leave the US and formally abandon your LPR status by filing I-407.  Then complete the F3 process.  I highly doubt the consulate will let you apply for F3 visa while being an LPR, so I-407 would be required.

 

Sounds possible, but no idea if it will actually work.  The key point here is whether the consulate will keep your F3 case alive even after your IR5 case has been approved.

 

Regardless, I'm with @Crazy Cat and @Boiler on this one -- why complicate the process when F3 is current anyway?  You're just waiting for an interview schedule now.

 

[SJSC81923 1]

7 minutes ago, Chancy said:

*** Moved from Bringing Family of LPR forum to Bringing Family of USC forum, where topics about IR5 and F3 cases are discussed ***

 

 

Your use of the term "change status" might be confusing.  "Change of status" usually refers to a specific process to change from one non-immigrant status to another non-immigrant status.  Both IR5 and F3 are immigrant statuses, so change of status does not apply.

 

Also, there's no process to change directly from IR5 to F3 visa category, as that would mean your daughter (IR5 petitioner) changed into your mother (F3 petitioner), which would be impossible.

 

Maybe your lawyer means than you should complete the IR5 process, then enter the US to become an LPR and stay while waiting for the F3 interview schedule.  Once you have the F3 appointment, leave the US and formally abandon your LPR status by filing I-407.  Then complete the F3 process.  I highly doubt the consulate will let you apply for F3 visa while being an LPR, so I-407 would be required.

 

Sounds possible, but no idea if it will actually work.  The key point here is whether the consulate will keep your F3 case alive even after your IR5 case has been approved.

 

Regardless, I'm with @Crazy Cat and @Boiler on this one -- why complicate the process when F3 is current anyway?  You're just waiting for an interview schedule now.

 

This is an excellent information for me. Thank you so much. 

[Chancy 6,241]

Oh, your case also involves misrepresentation.  Definitely not DIY.  You do need to consult a competent US immigration lawyer.