Impact of Change in Petitioner’s Status on F2A Visa Processing

[sum3a85 1]

applied for family immigrant visas for my spouse and children under the F2A category when I was a Legal Permanent Resident (LPR). However, I have since become a U.S. citizen. After waiting for 4 years, my family finally has their embassy interview scheduled. Will the embassy process the visas based on the original F2A category, or will they inform us that the sponsor is now a U.S. citizen and request us to file again under a IR category?

[Crazy Cat 41,810]

URGENT!!!!!!

They are not F2a category. They are now IRs.

1.  When did you become a US citizen?  You should have immediately notified immigration at that time.  

2.  Did you file an I-130 for each person?

 

Any F2a I-130s you filed will now be considered an IR category.  However, each family member now needs a separate I-130, as there are no derivatives for immediate relatives of US citizens.

Edited August 24 by Crazy Cat

[Boiler 45,445]

Hopefully they each have an I 130.

[sum3a85 1]

thanks for your quick reply. I became a U.S. citizen last year and I did not notify NVC about my status change at that time , I also did not file separate I-130 petitions for each person. I filed a single I-130 petition that included my spouse and children.

 

[Crazy Cat 41,810]

Just now, Boiler said:

Hopefully they each have an I 130.

If not, I would fly there and try to directly submit new I-130s for the children.  I believe this one of the exceptional circumstances.

[Crazy Cat 41,810]

26 minutes ago, sum3a85 said:

thanks for your quick reply. I became a U.S. citizen last year and I did not notify NVC about my status change at that time , I also did not file separate I-130 petitions for each person. I filed a single I-130 petition that included my spouse and children.

 

Then, you have a problem.  IMMEDIATELY (LIKE TODAY), contact the consulate and request they directly accept I-130s for the children.  

If that fails, you must immediately submit I-130s for the children to USCIS and ask for an expedite.  

Edited August 24 by Crazy Cat

[Boiler 45,445]

1 minute ago, Crazy Cat said:

If not, I would fly there and try to directly submit new I-130s for the children.  I believe this one of the exceptional circumstances.

I agree no derivatives for spouses of USC's.

[sum3a85 1]

what a nightmare !!!...giver the interview date is on September 10th, and given the short time period, Does it ever happen that the consulate accepts I-130 petitions in situations like this?

[Crazy Cat 41,810]

3 minutes ago, sum3a85 said:

what a nightmare !!!...giver the interview date is on September 10th, and given the short time period, Does it ever happen that the consulate accepts I-130 petitions in situations like this?

As I said, this seems to be a circumstance in which the consulate is authorized to accept an I-130.

 

Chapter 3 - Filing | USCIS

 

 

Edited August 24 by Crazy Cat

[Crazy Cat 41,810]

16 minutes ago, sum3a85 said:

Does it ever happen that the consulate accepts I-130 petitions in situations like this?

It will be at the discretion of the consulate. I think there is a good chance of success.....but time is of the essence!!!  Contact them as soon as possible.

Good luck.  Let us know how it goes.

Edited August 24 by Crazy Cat

[sum3a85 1]

thanks A lot . appreciate your help

[milimelo 4,475]

Sorry to rain on your parade but I wouldn't expect a positive outcome - but do come back and let us know how it goes. Simple reason - it's known even on the basic level that F2A is for spouse and any children and that if one naturalizes during this process of waiting for F2A, they better have file I-130s from the get go or be prepared for the extra time needed for the I-130s of the catch up family members with the originally petitioned individual (spouse). 

There's a reason we tell everyone with pending F2A to NOT take the oath before the family members have received F2A visas and ARE in the US but you obviously never thought about it. 

[nastra30 2,284]

Op, You must make sure to let the embassy know you are now a USC so family gets visa under the right visa categories which will also mean new I-130s for the children. If you hide this fact from the consulate and family enters the US under the wrong visa category, you'll be creating huge headache for your family in future when USCIS finds out at some point. Good luck.