Married F2B getting approved, New Law?

[yai2k 0]

Hi VJ Community,

 

I'm seeking some insights and clarification on F2B visa situation. Here's a brief overview:

- Visa Category: F2B (Unmarried son of a U.S. lawful permanent resident)
- Priority Date (PD): 2015
- I-130 Approved: 2020
- Got Married: 2021 
- Had a Baby: 2023
- PD is Current: 2024
- Petitioner: Still LPR (Lawful Permanent Resident)
- Reported Marriage and Baby to NVC: Yes
- NVC Actions: Accepted baby as derivative but rejected wife, requested marriage contract and wife's birth certificate, and marked case as documentarily complete

- Note: there's nothing on profile (neither emails) that states case is void, automatically terminated or even cancelled

Given that the F2B category is for unmarried sons or daughters, I'm confused about what this means for my case. Has anyone else experienced something similar, or can anyone shed some light on what's going on? Would it be possible they'd continue by excluding spouse?

Any insights or advice would be greatly appreciated.
 

Thank you in advance for your help!

[appleblossom 2,816]

At some point it will be cancelled, you're no longer eligible for a visa. 

 

When your parent naturalises, they can petition for you again. It's a shame they didn't naturalise before you got married and then you could have just moved to F1 category and waited a bit longer rather than starting all over again. 

 

 

Edited June 12 by appleblossom

[appleblossom 2,816]

Just now, appleblossom said:

At some point it will be cancelled, you're no longer eligible for a visa. 

 

When your parent naturalises, they can petition for you again. It's a shame they didn't naturalise before you got married and then you could have just moved to F1 category and waited a bit longer rather than starting all over again. 

 

 

 

Sorry, meant F3 category - too late to edit my post!

[Boiler 45,761]

Agree the case is dead as a dodo, eventually they will sort it out. I do remember a case in Canada about a year ago where someone seemed to think it was not an issue and found out otherwise.

[Crazy Cat 41,985]

10 hours ago, yai2k said:

Given that the F2B category is for unmarried sons or daughters, I'm confused about what this means for my case.

You cannot enter the US with an F2B visa if married.  Getting married disqualified you from that visa category.  There are cases which ended very poorly for people who tried or entered fraudulently.

Edited June 12 by Crazy Cat

[Dashinka 24,653]

If you haven't filled out and paid for a DS260 yet, don't waste your time or money.

[jan22 3,056]

NVC has no authority to determine you no longer qualify for the visa (which you don’t).

 

As long as you proceed with the case, pay the fees, and submit the documents, they will process your submissions and, ultimately, schedule the case for a visa interview at the Embassy — where it will then be denied, since you no longer qualify for a visa as an unmarried child of an LPR..

 

The baby’s case cannot be continued as a derivative — if the principal applicant doesn’t qualify, neither does the derivative.

Edited June 12 by jan22

[yai2k 0]

30 minutes ago, jan22 said:

NVC has no authority to determine you no longer qualify for the visa (which you don’t).

 

As long as you proceed with the case, pay the fees, and submit the documents, they will process your submissions and, ultimately, schedule the case for a visa interview at the Embassy — where it will then be denied, since you no longer qualify for a visa as an unmarried child of an LPR..

 

The baby’s case cannot be continued as a derivative — if the principal applicant doesn’t qualify, neither does the derivative.

Thanks all for the responses. Someone told they may proceed with your case by excluding spouse. How possible is that?

[appleblossom 2,816]

4 minutes ago, yai2k said:

Thanks all for the responses. Someone told they may proceed with your case by excluding spouse. How possible is that?

 

Whoever this "someone" is, ignore them completely. You are not eligible for a visa any longer and that will be picked up at some point (probably at the consulate stage). I'd focus on getting your parent citizenship so you can apply again as your current application is not viable any longer. 

 

The only way you'd still qualify with your spouse excluded is if you were divorced from her. 

Edited June 12 by appleblossom

[Crazy Cat 41,985]

7 minutes ago, yai2k said:

How possible is that?

It isn't.  Marriage is a disqualifier.

[Boiler 45,761]

43 minutes ago, appleblossom said:

 

Whoever this "someone" is, ignore them completely. You are not eligible for a visa any longer and that will be picked up at some point (probably at the consulate stage). I'd focus on getting your parent citizenship so you can apply again as your current application is not viable any longer. 

 

The only way you'd still qualify with your spouse excluded is if you were divorced from her. 

Too late for that the case died when they married 

 

I did see someone try and argue that divorcing brought them back in but do not think that worked

[appleblossom 2,816]

1 hour ago, Boiler said:

Too late for that the case died when they married 

 

I mean the parent should get citizenship to then start all over again for an F3 category app. 

[Cathi 5,771]

Just out of curiosity: did you not know that you had to stay unmarried?

Don't listen to anyone who says that you still have a chance to get this visa, there is a 0% chance that you will receive it. There is no work around by excluding your spouse, married is married. Period. End of story.

I agree with @Boiler even divorce will not save it, the moment you married the visa was dead in the water.

[jan22 3,056]

On 6/12/2024 at 11:54 AM, yai2k said:

Thanks all for the responses. Someone told they may proceed with your case by excluding spouse. How possible is that?

Not at all possible.  Even if you divorced your spouse, you wouldn’t qualify.  The petition died the moment you got married.  There is no legal way to resurrect it.

[yai2k 0]

 

 

On 6/12/2024 at 7:22 PM, jan22 said:

NVC has no authority to determine you no longer qualify for the visa (which you don’t).

 

As long as you proceed with the case, pay the fees, and submit the documents, they will process your submissions and, ultimately, schedule the case for a visa interview at the Embassy — where it will then be denied, since you no longer qualify for a visa as an unmarried child of an LPR..

 

The baby’s case cannot be continued as a derivative — if the principal applicant doesn’t qualify, neither does the derivative.

 

 

Okay I've been and still the only breadwinner for mom with a court decree on that. Would submitting a waiver request i601 for Humanitarian purposes and family unity help get approved?

 

 

Edited June 15 by yai2k