Changing visa status category IR-5 to F3.

[Crazy Cat 41,856]

26 minutes ago, Chancy said:

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

 

 

Good catch, @Chancy.  

[Boiler 45,516]

So who is there to file a waiver? 

 

That will not be quick

[Boiler 45,516]

Wonder if the Father is alive and a USC

[Demise 1,283]

13 hours ago, SJSC81923 said:

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
 

 

Not really doable. In order to retain a petition from a petitioner that died you have to be living in US as of the day the petitioner died and up until you file I-485. In this case, just come in as an IR5, and petition the other daughter as an F2A because there's no way to salvage that F3.

Edited October 4, 2023 by Demise

[Demise 1,283]

11 hours ago, Boiler said:

So who is there to file a waiver? 

 

That will not be quick

Depends if they both got slapped with the inadmissibility. If only OP did then husband could come in first and then use the now LPR husband as the qualifying relative.

 

Otherwise there'll need to be a USC/LPR parent of either OP or her husband to get his ball rolling. Stepparent could also work if the marriage was entered into while OP/husband was under 18 but that'll be a tough sell.

 

Still, the only way forward would be to do consular interviews and see if the consulate thinks the retraction was timely or not and whether to apply the ban. Either way for an I-601 from abroad you need to get denied at a consular interview to file it.

 

 

Edited October 4, 2023 by Demise

[SJSC81923 1]

12 hours ago, Chancy said:

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

 

 

This has been fixed. But thank you. 

[manyfudge 291]

2 hours ago, SJSC81923 said:

s has been fixed. But thank you. 

You filed and got i601 approved?  Usually this is done AFTER the interview. 

 

There is an alternate strategy.

 

The parent who is NOT the F3 beneficiary enters the US on IR2 visa.

 

Files i130 for daughter F2A as backup.

 

The parent who is F3 stays behind to wait for F3 interview. 

[SJSC81923 1]

9 minutes ago, manyfudge said:

You filed and got i601 approved?  Usually this is done AFTER the interview. 

 

There is an alternate strategy.

 

The parent who is NOT the F3 beneficiary enters the US on IR2 visa.

 

Files i130 for daughter F2A as backup.

 

The parent who is F3 stays behind to wait for F3 interview. 

No no, we didnt file i-601 anymore. We attended 3rd interview last 2020 and was able to fix it. 

 

I am considering this option too.  I can stay abd wait for f3 visa interview.

[Timona 4,207]

29 minutes ago, manyfudge said:

The parent who is NOT the F3 beneficiary enters the US on IR2 visa.

 

Explain. I'm confused 

[Boiler 45,516]

3 hours ago, Demise said:

Depends if they both got slapped with the inadmissibility. If only OP did then husband could come in first and then use the now LPR husband as the qualifying relative.

 

Otherwise there'll need to be a USC/LPR parent of either OP or her husband to get his ball rolling. Stepparent could also work if the marriage was entered into while OP/husband was under 18 but that'll be a tough sell.

 

Still, the only way forward would be to do consular interviews and see if the consulate thinks the retraction was timely or not and whether to apply the ban. Either way for an I-601 from abroad you need to get denied at a consular interview to file it.

 

 

Certainly read that they were both involved but if only one of them was that would be an option, for the F3 it would depend which one it was. Of course the IR5 for one of them in this theoretically case would be the only alternative. The non involved Spouse moves, files for the other child, we do not know the age, I am assuming that F2b will be more likely. The petition filed by the US born child can have the newly arrived Spouses hardships used but that is obviously going to be more challenging than a conventional situation.

 

Just for the completeness. this is the stated issue:

 

Quote

 

write everything that we did in the united states in the past, i.e working, salary, the false passport, back dating of the arrival

in the Philippines, apologized and sworn before a U.S officer. 

 

 

I see at least 2, maybe 3 grounds for a Waiver being required and they have of course got a signed statement admitting it.

 

There was mention of a Lawyer being involved, not clear if that Lawyer has been told the full story.

Edited October 4, 2023 by Boiler

[Boiler 45,516]

16 minutes ago, Timona said:

 

Explain. I'm confused 

I do not think IR2 applies here, it would be IR5 or F2a.

[Crazy Cat 41,856]

39 minutes ago, SJSC81923 said:

We attended 3rd interview last 2020 and was able to fix it. 

How was it fixed?  By writing a confession? Did the CO say no waiver is required?

Edited October 4, 2023 by Crazy Cat

[Timona 4,207]

32 minutes ago, Boiler said:

I do not think IR2 applies here, it would be IR5 or F2a.

 

That's why I asked. Maybe poster knows more and it's time for lessons.

[Boiler 45,516]

9 minutes ago, Timona said:

 

That's why I asked. Maybe poster knows more and it's time for lessons.

 

I always think this sort of case is where a Lawyer has a big advantage, we just know some details and a lot is vague. A Lawyer would get a detailed timeline with supporting documents, for example the admission of guilt.

[Cathi 5,748]

1 hour ago, Crazy Cat said:

How was it fixed?  By writing a confession? Did the CO say no waiver is required?

Wondering the same.

OP: you need to give details. The answers you give only leave us guessing and unless we have ALL of the info, no one can tell you what to do.