Russian F2A Questions, What Happens When Petitioner Becomes Naturalized Citizen?

[JayFromTexas 69]

My Russian wife is about 2 months away from getting her green card. We are waiting on her interview letter from the Bangkok consulate (we transferred there from Warsaw). She has a son who is 19 yrs old with a birthday of October 22. The minute my wife gets her green card, we are going to submit an i130 for her son. And btw, we were not married when he was under 18. 

 

I understand that he would be an F2A case and would age out and become an F2B case, if he doesn't receive his NOA2 before his 21st birthday.

 

What happens if he ages out and his mother becomes a naturalized citizen, 3 years after she becomes a LPR? Does that help or change his case for the better?

Edited April 11 by JayFromTexas

[appleblossom 2,479]

17 minutes ago, JayFromTexas said:

My Russian wife is about 2 months away from getting her green card. We are waiting on her interview letter from the Bangkok consulate (we transferred there from Warsaw). She has a son who is 19 yrs old with a birthday of October 22. The minute my wife gets her green card, we are going to submit an i130 for her son. And btw, we were not married when he was under 18. 

 

I understand that he would be an F2A case and would age out and become an F2B case, if he doesn't receive his NOA2 before his 21st birthday.

 

What happens if he ages out and his mother becomes a naturalized citizen, 3 years after she becomes a LPR? Does that help or change his case for the better?

 

It will depend on the Visa Bulletin at the time. At the moment, it would be slightly better ( F1 category those who applied in Feb 2015 are now eligible for visas, versus Nov 2015 for F2B's). But that may change, all you can do is wait and see. He can choose to keep his category as F2B if it would be beneficial when the time comes.

Edited April 11 by appleblossom

[JayFromTexas 69]

6 minutes ago, appleblossom said:

 

It will depend on the Visa Bulletin at the time. At the moment, it would be slightly better ( F1 category those who applied in Feb 2015 are now eligible for visas, versus Nov 2015 for F2B's). But that may change, all you can do is wait and see. He can choose to keep his category as F2B if it would be beneficial when the time comes.

Thank you. A quick followup question, if you don't mind...

 

The Visa Bulletin shows the current F2A dates being processed as Sept 8 2020. Is this how long these cases are taking, on average, to get to NOA2? Or is it the dates that are currently receiving visas? If it is the latter, where can we see how long it takes to get to the NOA2 stage?

Lastly, it is my understanding that as long as an F2A application received the NOA2 approval before age 21, they will remain an F2A and not age out. Is this correct?

[appleblossom 2,479]

4 minutes ago, JayFromTexas said:

Thank you. A quick followup question, if you don't mind...

 

The Visa Bulletin shows the current F2A dates being processed as Sept 8 2020. Is this how long these cases are taking, on average, to get to NOA2? Or is it the dates that are currently receiving visas? If it is the latter, where can we see how long it takes to get to the NOA2 stage?

Lastly, it is my understanding that as long as an F2A application received the NOA2 approval before age 21, they will remain an F2A and not age out. Is this correct?

 

Not sure what you mean by NOA2? Have only ever heard that used for a K1 visa, so not sure what context you're using it in?

 

But the dates on the Visa Bulletin are the Priority Dates of those who are now eligible to receive visas - so those that submitted I-130s before 8th Sept 2020 are now eligible. 

 

For your stepson, it will depend on how long his I-130 takes to be approved, and when his PD becomes current on the Visa Bulletin. 

[Boiler 45,467]

Looks like he will be F2b so you will be looking at that vs F1, and no one knows where they will be going that far forward.

 

Talking of F1 maybe look at getting him a Student Visa and going that route?

[JayFromTexas 69]

5 minutes ago, appleblossom said:

 

Not sure what you mean by NOA2? Have only ever heard that used for a K1 visa, so not sure what context you're using it in?

 

But the dates on the Visa Bulletin are the Priority Dates of those who are now eligible to receive visas - so those that submitted I-130s before 8th Sept 2020 are now eligible. 

 

For your stepson, it will depend on how long his I-130 takes to be approved, and when his PD becomes current on the Visa Bulletin. 

NOA2 is when the i30 is approved by USCIS and the case is passed on to the National Visa Center. My understanding is that as long as their I130 has been approved before they turn 21, they won't age out. 

 

Getting an I130 approved and getting a visa are 2 different steps. 

Edited April 11 by JayFromTexas

[Boiler 45,467]

2 minutes ago, JayFromTexas said:

NOA2 is when the i30 is approved by USCIS and the case is passed on to the National Visa Center. My understanding is that as long as their I130 has been approved before they turn 21, they won't age out. 

 

Getting an I130 approved and getting a visa are 2 different steps. 

That is incorrect

[JayFromTexas 69]

I see that I may be referring to the NOA2 stage incorrectly for an I130 application. 

So again, I was told that as long as the I130 has been approved by USCIS by the time they are 21, they don't age out.

 

[appleblossom 2,479]

Just now, JayFromTexas said:

I see that I may be referring to the NOA2 stage incorrectly for an I130 application. 

So again, I was told that as long as the I130 has been approved by USCIS by the time they are 21, they don't age out.

 

 

Not sure who told you that, but they were wrong I'm afraid. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

[SalishSea 17,818]

2 minutes ago, JayFromTexas said:

I see that I may be referring to the NOA2 stage incorrectly for an I130 application. 

So again, I was told that as long as the I130 has been approved by USCIS by the time they are 21, they don't age out.

 

NOA2 is simply a receipt notice.   Petition approval and visa availability are not connected for the family preference ceremonies.

[Boiler 45,467]

8 minutes ago, JayFromTexas said:

I see that I may be referring to the NOA2 stage incorrectly for an I130 application. 

So again, I was told that as long as the I130 has been approved by USCIS by the time they are 21, they don't age out.

 

Not how it works, when his PD is current he can deduct how long the I 130 took to be approved to see if his adjusted age is under 21, now it is possible but i think unlikely he will qualify for a F2a, obviously only time will tell.

 

Or to put it another way I would plan on F2b and hope on F2a.

[JayFromTexas 69]

7 minutes ago, appleblossom said:

 

Not sure who told you that, but they were wrong I'm afraid. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

Thank you for your help. Reading your link it says, 

If you are applying for a Green Card based on one of the categories above, you are eligible for CSPA consideration if either your qualifying Form I-485, Application to Register Permanent Residence or Adjust Status, or one of the following underlying forms was filed or pending on or after Aug. 6, 2002

 

And the Form I130 is one of the following underlying forms.

 

This says, "Filed", not approved. This makes me think that as long as my wife files an I130 for her son before he is 21, he won't age out. Is that not the case? 

[Redro 4,611]

10 minutes ago, JayFromTexas said:

I see that I may be referring to the NOA2 stage incorrectly for an I130 application. 

So again, I was told that as long as the I130 has been approved by USCIS by the time they are 21, they don't age out.

 

You want the petition to be pending for as long as possible. Your stepson’s age will “freeze” once you submit the I130 once the period is approved (NOA2) he will start aging again.

You are referring to what happens with IR2 petitions IIRC. If you wife was a USC and she filed for her Under 21 child he would not age out. 

[Boiler 45,467]

Just now, JayFromTexas said:

Thank you for your help. Reading your link it says, 

If you are applying for a Green Card based on one of the categories above, you are eligible for CSPA consideration if either your qualifying Form I-485, Application to Register Permanent Residence or Adjust Status, or one of the following underlying forms was filed or pending on or after Aug. 6, 2002

 

And the Form I130 is one of the following underlying forms.

 

This says, "Filed", not approved. This makes me think that as long as my wife files an I130 for her son before he is 21, he won't age out. Is that not the case? 

You might want to count how many times the question has been answered, the answer will not change.

[appleblossom 2,479]

3 minutes ago, JayFromTexas said:

Thank you for your help. Reading your link it says, 

If you are applying for a Green Card based on one of the categories above, you are eligible for CSPA consideration if either your qualifying Form I-485, Application to Register Permanent Residence or Adjust Status, or one of the following underlying forms was filed or pending on or after Aug. 6, 2002

 

And the Form I130 is one of the following underlying forms.

 

This says, "Filed", not approved. This makes me think that as long as my wife files an I130 for her son before he is 21, he won't age out. Is that not the case? 

 

That just means that one of those forms need to have been filed to qualify for CPSA in the first place, but then the actual conditions for CPSA are laid out further down the page for each specific category, as it varies for each. Read the section on family preference categories for more info. 

Edited April 11 by appleblossom