Is a currently processing F4 visa application faster than applying as a US Citizen for parents

[tcy 29]

Hi Everyone,

 

Just a little background about my parents case. My uncle a US citizen priorly applied for my parents under F4 category. Their case is currently at NVC. We had sent all the required documents and paid the fees. After approving the documents. NVC wanted petitioner to send w2 for 2020. My uncle lost his job during 2020 and didn't have one so we informed NVC. NVC responded saying a letter of employment and signature should suffice. Everything else including civil documents were approved. The letter was sent and we waited for few months but didn't hear back. NVC phones lines are disconnected so couldn't reach them on phone. I then wrote them couple of emails asking for update. To my utter shock last October we got letter stating as we have not sent them necessary documents NVC will be closing the case if no communication was established. I instantly emailed them showing proof of emails I sent. They just responded saying case was reopened and but we have to repay all the fees and send them updated civil documents. It was so frustrating and its clearly an to error from NVC side. 

 

Anyways, on the side it was time for my citizenship application (I came on spouse visa to USA in 2019 and later divorced) earlier this year and thanks to Almighty I got my citizenship process completed in just 4 months. I received my naturalization certificate last week. I'm now seriously considering if I should go and repay fees to NVC or should I just close F4 case and send a fresh application for my parents under "immediate relative" category ? Can someone advise what's the process of closing prior case?

 

Any advice will be highly appreciated 

Tahera

Edited July 19 by tcy
Forgot words

[Crazy Cat 41,814]

What is the priority date for the F4 case?  There is no need to close the prior case.  You just send I-130s to start IR-5 cases.  Multiple I-130s are not a problem.

Edited July 19 by Crazy Cat

[tcy 29]

Just now, Crazy Cat said:

What is the priority date for the F4 case?

Hi, it's 15 July 2007 is priority date.

 

However. The recent events with NVC has really got me thinking if it's worth resubmitting all documents from scratch and repaying all the fees. What if they do the same thing. Clearly it was error from their end. That's why I'm contemplating to close that case

[jan22 3,049]

19 hours ago, tcy said:

Hi, it's 15 July 2007 is priority date.

 

However. The recent events with NVC has really got me thinking if it's worth resubmitting all documents from scratch and repaying all the fees. What if they do the same thing. Clearly it was error from their end. That's why I'm contemplating to close that case

It was not necessarily an error on NVC’s part if you were the only one contacting NVC about the case.  They want to receive contact from the actual parties involved in the case (your parents and your uncle).  That’s why all of the information/instructions from NVC talk about what “you” need to do to keep “your” case active.  Technically, you are, legally, a third party to your parents’ case and should not be provided any information about it — unless you’re a lawyer and have been documented as their legal representative.  
 

Assuming your uncle is willing to still move forward with the case — since he is the one who will need to provide all the updated documentation — it will be cheaper and faster to continue with this case than start all over again.  (And, by the way, you can’t close the F4 case.  Only your uncle can withdraw the petition.). If the fees are not an issue, you can still file I-130s (two — one for each parent) as a back-up in case your uncle does not want to/can no longer move forward with his case for them.

[tcy 29]

2 minutes ago, jan22 said:

It was not necessarily an error on NVC’s part if you were the only one contacting NVC about the case.  They want to receive contact from the actual parties involved in the case (your parents and your uncle).  That’s why all of the information/instructions from NVC talk about what “you” need to do to keep “your” case active.  Technically, you are, legally, a third party to your parents’ case and should not be provided any information about it — unless you’re a lawyer and have been documented as their legal representative.  
 

Assuming your uncle is willing to still move forward with the case — since he is the one who will need to provide all the updated documentation — it will be cheaper and faster to continue with this case than start all over again.  (And, by the way, you can’t close the F4 case.  Only your uncle can withdraw the petition.). If the fees are not an issue, you can still file I-130s (two — one for each parent) as a back-up in case your uncle does not want to/can no longer move forward with his case for them.

Hi, thank you for your response. Sorry my bad, I forgot to clarify that though I sent those emails to nvc asking for an update but I did from my uncles email address which nvc has on file. I'm aware that I am a third party so I had wrote those emails from my uncle email id with his permission.

[tcy 29]

3 minutes ago, tcy said:

Hi, thank you for your response. Sorry my bad, I forgot to clarify that though I sent those emails to nvc asking for an update but I did from my uncles email address which nvc has on file. I'm aware that I am a third party so I had wrote those emails from my uncle email id with his permission.

Also if suppose I want to now file a fresh application under IR 5 is it necessary for my uncle to first withdraw F4 petition? Or I can just send a new application? 

[jan22 3,049]

4 minutes ago, tcy said:

Hi, thank you for your response. Sorry my bad, I forgot to clarify that though I sent those emails to nvc asking for an update but I did from my uncles email address which nvc has on file. I'm aware that I am a third party so I had wrote those emails from my uncle email id with his permission.

Hopefully, you remembered to always refer to your parent as your sibling and used all the right pronouns!  If so, it does appear that the case slipped through some cracks in the NVC system.  It’s a semi-automated process, which is one of the reasons for the provision that provides notification of potential case closure and gives a year for response before a case is actually closed.

 

Regardless of you posing as your uncle and NVC’s error, my opinion in the final paragraph of my first response concerning whether to continue the F4 or start two new cases — requiring two fees and two sets of all documents with potentially two separate timelines for a while — remains the same. 
 

Hope you get this all worked out for your family soon.

[Family 3,988]

22 minutes ago, tcy said:

Also if suppose I want to now file a fresh application under IR 5 is it necessary for my uncle to first withdraw F4 petition? Or I can just send a new application? 

If the goal is to bring parents here fast , just complete the F-4 and stay on top of case til it’s DQ and interview scheduled. 
 

Filing new cases , you are looking at 1.5 to 2 year process from start to finish …

 

Nothing wrong with having 2 horses in the same race…but to get your 2nd ( fresh ) one to the SAME GATE ( NVC) ..there’s a one year processing time , at least.

 

And you will still need to deal with and satisfy same NVC requirements. ..so get past your mad-at-NVC frustration and fix outstanding issues 

 

[Family 3,988]

26 minutes ago, jan22 said:

Hopefully, you remembered to always refer to your parent as your sibling and used all the right pronouns!  If so, it does appear that the case slipped through some cracks in the NVC system.  It’s a semi-automated process, which is one of the reasons for the provision that provides notification of potential case closure and gives a year for response before a case is actually closed.

 

Regardless of you posing as your uncle and NVC’s error, my opinion in the final paragraph of my first response concerning whether to continue the F4 or start two new cases — requiring two fees and two sets of all documents with potentially two separate timelines for a while — remains the same. 
 

Hope you get this all worked out for your family soon.

Agree with all your points , but is there any way to know if F4 is oversubscribed and qued up even after DQ ?

[jan22 3,049]

13 hours ago, Family said:

Agree with all your points , but is there any way to know if F4 is oversubscribed and qued up even after DQ ?

No more sure way than any other visa category.  There has to be not only an available appointment but also a visa number still available the month the interview is scheduled.  But, I still believe the F4, which is close to being DQ-ed will be faster.  
 

I would, if financially feasible, still also recommend filing the IR-5 petitions just to be sure.