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SJSC81923

Changing visa status category IR-5 to F3.

By SJSC81923 in Bringing Family Members of US Citizens to America

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SJSC81923 Rookie

SJSC81923   1

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Filed: FB-3 Visa Country: Philippines
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7 minutes ago, Cathi said:

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.

Yes by writing the confession, and officer said it is sufficient to fall into timely retraction. 

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Chancy
Chancy

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

Chancy
Chancy

*** 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 co

Crazy Cat
Crazy Cat

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

Boiler Grand Master

Boiler   45,486

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2 minutes ago, SJSC81923 said:

Yes by writing the confession, and officer said it is sufficient to fall into timely retraction. 

Was this just for you or for both you and your spouse?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,486

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2 minutes ago, SJSC81923 said:

Yes. For both of us. 

 

Well that simplifies matters. Is your Father a USC or LPR?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,486

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I do not see a route.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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manyfudge Collaborator

manyfudge   291

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1 hour ago, SJSC81923 said:

said it is sufficient to fall into timely retraction. 

Did he put it in writing?  It’s good but you really do not know what is going to happen until you go for your interview.

The CO has the power to deny you anyway and force you to file a waiver.

 

I would split you and your spouse.  Who is the F3 main beneficiary?  That person should stay behind.  Keep that person’s IR5 alive.

 

The other one should proceed with the interview and immigrate to the US.

File F2A for your spouse and child as another backup.

 

 

 

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Boiler Grand Master

Boiler   45,486

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1 minute ago, manyfudge said:

Did he put it in writing?  It’s good but you really do not know what is going to happen until you go for your interview.

The CO has the power to deny you anyway and force you to file a waiver.

 

I would split you and your spouse.  Who is the F3 main beneficiary?  That person should stay behind.  Keep that person’s IR5 alive.

 

The other one should proceed with the interview and immigrate to the US.

File F2A for your spouse and child as another backup.

 

 

As far as I can tell the OP just wrote a statement listing all their past misdeeds.

 

I have never heard of a Consulate giving absolution and I doubt it is legally possible or that it happened. More something for the Catholic Church.

 

How is the other one going to immigrate to the US? 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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manyfudge Collaborator

manyfudge   291

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4 minutes ago, Boiler said:

the other one going to immigrat

As I understand it, spouse 1 is an F3 beneficiary with spouse and child as derivatives.  Already current for a while and just waiting for interview.  The F3 sponsor has died but they got humanitarian reinstatement.

 

Spouse 1 and 2 are also being sponsored by USC daughter.  Date is current and in line for interview.

 

My suggestion would be to have spouse 2 pursue the IR5 interview.  That will test the hypothesis that all is forgiven.

Spouse 2 immigrates and files for spouse 1 and child as backup.

 

If spouse 2 gets a visa, chances are good that spouse 1 and child will get IV after their interview.

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Boiler Grand Master

Boiler   45,486

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1 minute ago, manyfudge said:

As I understand it, spouse 1 is an F3 beneficiary with spouse and child as derivatives.  Already current for a while and just waiting for interview.  The F3 sponsor has died but they got humanitarian reinstatement.

 

Spouse 1 and 2 are also being sponsored by USC daughter.  Date is current and in line for interview.

 

My suggestion would be to have spouse 2 pursue the IR5 interview.  That will test the hypothesis that all is forgiven.

Spouse 2 immigrates and files for spouse 1 and child as backup.

 

If spouse 2 gets a visa, chances are good that spouse 1 and child will get IV after their interview.

If all is forgiven, which I do not believe, then F3 would be the way to go on the assumption the child is still a dependent. If the IR5 come through then yes the non F3 petitioned spouse could go first of there is such a desperation. Would it be worth it to test the waters, not my call. 

 

I suppose the child could be young and F2a is viable but with the other child being in their 20s at least that sounds unlikely? And even the F2a will take a long time. I know I am not so pessimistic but F2a will take quite a few years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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39 minutes ago, manyfudge said:

My suggestion would be to have spouse 2 pursue the IR5 interview.  That will test the hypothesis that all is forgiven.

Spouse 2 immigrates and files for spouse 1 and child as backup.

 

If spouse 2 gets a visa, chances are good that spouse 1 and child will get IV after their interview.

 

Good idea to have the F3 derivative spouse pursue IR5 instead, to check if the consulate will require a waiver.

 

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manyfudge Collaborator

manyfudge   291

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18 minutes ago, Chancy said:

F3 derivative spouse pursue IR5

The main concern is probably the child.  But that's ok, because F3 was filed in 2001, and the priority date was current a long time ago.

Thus, the F3 derivative is safe and locked in.  

Supposedly i130 can be kept alive a long time, some lawyer on reddit, u/thelexuslawyer, claims he/she has kept a petition alive for 10+ years.

The petition they want to put on hold is F3, because it is unclear if it works.

 

The other issue is the age of the child in the Philippines.

If say, 10, then IR5 is the way to go.  if not

 

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