Guidance for F2A Family VISA guidance.

[NJCube 4]

Hi Everyone, 

 

I am a US Citizen who brought my husband over from Spain via a fiancé visa back in 2015.

 

My husband petitioned for his daughter in July, 2020.  At the time she was 20.  In June, 2023 (3 years later), her petition was finally approved. 

 

We have been waiting ever since to get notification of her visa interview and next steps from the embassy in Spain.  According to the Visa Bulletin, it looks like they might get to hers sometime in the next couple of months.  

 

She is now 24 and as you might imagine, had to move on with her life.  Her plan is still to get her residency and move here, but since the application was taking so long, she enrolled in a university in Spain and has another 2 years left.

 

My first question is, once she gets her visa and comes to the US, is she required to stay here for some time before returning to Spain to continue school?  I remember my husband came over with his VISA and didn't have his geometrics and an interview in the US for about 30 days.   I've heard things are different now, and all that gets done in the country of origin but I'm not sure.  

 

Also, will she have any issues if once she goes back to Spain to continue her studies, she comes back before 1 year, every year and then finally moves here when she's done?

 

Any advice or recommendations on how we should proceed with be greatly appreciated.

 

Thank you.

 

[manyfudge 291]

Was your husband a US citizen when he petitioned?

 

Did he become one in the interim? I hope not as this could mess up her application. 
 

The ship has sailed but YOU could have sponsored your stepdaughter instead as you married her father before she turned 18.  There is no quota for stepchildren under 21 provided parent’s marriage happened below age 18.

 

As to your question, F2A did not move for a long time and i suspect that she will be done her degree by the time her date is current.  And the danger is that she could age out (she does have 3 years of CSPA protection).

 

 

[NJCube 4]

Hi,

 

Thank you for the reply.  

 

No, my husband is still a permanent resident.  

 

I've heard that before but don't really understand it.  Currently, family sponsored F2A visas are authorized for issuance to applicants with priority dates earlier than 01FEB20.  Isn't this regardless of whether my husband or I applied?

 

Again, according to the priority dates mentioned above, and the fact that in March they are even further along, my estimate is that they will get to my stepdaughter's date by April.  Long before she's done with school.   What do you mean by age out?

 

Thanks,

 

[appleblossom 2,816]

15 minutes ago, NJCube said:

I've heard that before but don't really understand it.  Currently, family sponsored F2A visas are authorized for issuance to applicants with priority dates earlier than 01FEB20.  Isn't this regardless of whether my husband or I applied?

 

 

No, if you'd applied for her then she'd have been an immediate relative with no wait for a visa to become available. She'd have had it a few years ago. 

 

Your husband's case will have been very different if he came on a K1 visa. Your stepdaughter is getting an immigrant visa and will therefore do the interview, biometrics etc, in Spain before that is granted. Then when she enters the US she'll be a 'green card' holder/permanent resident immediately. Just visiting once a year may well put that status at risk, she'd need to live in the US in all of her school vacations at the very least.

 

If she does get a visa at some point this year (could well still take longer - F2A could retrogress and she could end up aging out in to F2B, no way of knowing), could she transfer and finish her studies in the US maybe?

Edited February 12 by appleblossom

[SalishSea 17,980]

If she’s not ready to live in the US, you should wait.  

[NJCube 4]

54 minutes ago, appleblossom said:

 

No, if you'd applied for her then she'd have been an immediate relative with no wait for a visa to become available. She'd have had it a few years ago. 

 

Your husband's case will have been very different if he came on a K1 visa. Your stepdaughter is getting an immigrant visa and will therefore do the interview, biometrics etc, in Spain before that is granted. Then when she enters the US she'll be a 'green card' holder/permanent resident immediately. Just visiting once a year may well put that status at risk, she'd need to live in the US in all of her school vacations at the very least.

 

If she does get a visa at some point this year (could well still take longer - F2A could retrogress and she could end up aging out in to F2B, no way of knowing), could she transfer and finish her studies in the US maybe?

 

Hi,

 

Thanks for the response and thank you for the advice.  The plan is for her to spend summers here just wanted to make sure that was enough.  

I don't think she would want to transfer at this point.  We'll have to play it by ear when the time comes.    I REALLY hope she is not aged out to a F2B.  That is not fair at all.  We petitioned for her 4 years ago!  

[manyfudge 291]

1 hour ago, NJCube said:

heard that before but don't really understand it. 

@appleblossom explained it.  Just as there is no visa quota and no priority date for spouses of US citizens, there is none for minor stepchildren of US citizens.

There is nothing to do now but wait.

 

At that point, she will likely have less than a year left.

 

Your husband must not naturalize.

 

[manyfudge 291]

5 minutes ago, NJCube said:

petitioned for her 4 years ago!  

Did no lawyer advise you that you could file?

 

@NJCube, your previous post says that you have a 17 year old stepdaughter.  She will turn 21 soon. You should file for her asap.

Edited February 12 by manyfudge

[NJCube 4]

2 minutes ago, manyfudge said:

@appleblossom explained it.  Just as there is no visa quota and no priority date for spouses of US citizens, there is none for minor stepchildren of US citizens.

There is nothing to do now but wait.

 

At that point, she will likely have less than a year left.

 

Your husband must not naturalize.

 

 

Thank you!  We'll make sure and do things different for his younger daughter.   I'll apply for her.  

 

It's good to know that my husband applying for citizenship at this point would complicate things.  I was planning to apply next month.  We'll hold off until his daughter gets he green card.

 

 

[NJCube 4]

3 minutes ago, manyfudge said:

Did no lawyer advise you that you could file?

 

@NJCube, your previous post says that you have a 17 year old stepdaughter.  She will turn 21 soon. You should file for her asap.

 

Yes! Im applying for her next month.  Thank you!

[manyfudge 291]

Just now, NJCube said:

was planning to apply next month.  We'll hold off until his daughter gets he green card.

Just so you understand the issue thoroughly - in some states, she does not get the benefit of her original priority date once he naturalizes.  And even if you live in a state where she would be ok, it is one court case away from not ok.

She gets to deduct almost 3 years from her actual day on the 1st of the month when her priority date becomes current.

 

 

 

[manyfudge 291]

@NJCube, this explains it well and even if you live a good circuit, i would not rely on that.  Husband must stay PR.

 

”The problem arises when on the date the petition is approved or the priority date becomes current the child has turned 21 but is still under 21 using the adjusted age and the petitioner then naturalizes. Does the child: (a) convert to the immediate relative category by using his or her adjusted age; (b) get to opt out of automatic conversion to F-1 and remain in the F-2A category, or (c) convert to the F-1 category? The answer is either (a) or (c) depending on where the petitioner naturalized.”

 

 

https://www.cliniclegal.org/resources/family-based-immigration-law/beware-dangers-naturalization-child-beneficiaries

 

[NJCube 4]

9 minutes ago, manyfudge said:

@NJCube, this explains it well and even if you live a good circuit, i would not rely on that.  Husband must stay PR.

 

”The problem arises when on the date the petition is approved or the priority date becomes current the child has turned 21 but is still under 21 using the adjusted age and the petitioner then naturalizes. Does the child: (a) convert to the immediate relative category by using his or her adjusted age; (b) get to opt out of automatic conversion to F-1 and remain in the F-2A category, or (c) convert to the F-1 category? The answer is either (a) or (c) depending on where the petitioner naturalized.”

 

 

https://www.cliniclegal.org/resources/family-based-immigration-law/beware-dangers-naturalization-child-beneficiaries

 

 

Thank you!  For his other daughter, If I sponsor her, I am assuming that applying for my husband's naturalization would not affect that process at all correct?

[manyfudge 291]

5 minutes ago, NJCube said:

husband's naturalization would not affect that process at all correct?

Correct.  I think by the time his older daughter gets her interview, she will be almost done college. 

[NJCube 4]

9 minutes ago, manyfudge said:

Correct.  I think by the time his older daughter gets her interview, she will be almost done college. 

 

Really?  That long?  Maybe im not understanding this after all.  According to the March 2024 Visa bulletin:

 

Priority dates with June 22, 2020 and prior are currently authorized for issuance.   My step daughters priority date is June 1, 2020 which means she is current.  

 

Why would you think she will almost be done with school (2 years) by the time her interview is scheduled?

 

Thanks,

Rich