What is the legal basis for conversion of family preference categories from one to another

[Walansa 0]

Which INAs are the basis for automatic conversion of 1st family preference category to the 3rd and vice-versa? 

[Boiler 46,226]

F1 to F3?

Getting married would be the obvious answer.

[Walansa 0]

6 minutes ago, Boiler said:

F1 to F3?

Getting married would be the obvious answer.

Thanks for your quick response.
How about the other way round? And at what stage of the process would these changes in have an affect? Could you also cite the INAs ruling this adjudication?

[Boiler 46,226]

If you move from F3 to F1 then you would need to notify them especially if your PD is then current.

 

No

[appleblossom 3,266]

7 hours ago, Walansa said:

Which INAs are the basis for automatic conversion of 1st family preference category to the 3rd and vice-versa? 

You are obligated to inform them of any changes that would change your category and supply evidence (marriage/divorce cert). You’d then be moved in to the appropriate category. You can Google for the INA but it’s simply a matter of eligibility - if you get married then obviously you’re no longer eligible for a visa category for those who are unmarried. 
 

Can you be more specific about your situation so we can help? Are you getting married and if so what stage are you at? 
 

 

 

[Dashinka 24,848]

Maybe here.  That should define the Family Preference visa classes, and if your circumstances change moving you to a different class, then you can contact USCIS, NVC or the consulate (depending on where the case is) to have your case adjusted.

 

For more information, see the following:

• INA 203(a) – Preference allocation for family-sponsored immigrants
• INA 212(a) – Classes of Aliens Ineligible for Visas or Admission
• INA 245 – Adjustment of Status of Nonimmigrant to that of a Person Admitted for Permanent Residence
• 8 CFR 245 – Adjustment of Status to that of a Person Admitted for Permanent Residence
• USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
• USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment
• USCIS Policy Manual Volume 8, Admissibility
• USCIS Policy Manual Volume 9, Waivers

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants

Edited 21 hours ago by Dashinka

[Walansa 0]

To be specific, I had a sibling who was petitioned by a citizen parent. She has been issued her IV recently but wondering if it is advantageous if she would get married at this stage?

[appleblossom 3,266]

25 minutes ago, Walansa said:

To be specific, I had a sibling who was petitioned by a citizen parent. She has been issued her IV recently but wondering if it is advantageous if she would get married at this stage?

 

She needs to enter the US on her visa before it expires, then once she’s a green card holder she can get married and petition for her new husband/wife if she wishes. It’ll take another few years. 

Edited 20 hours ago by appleblossom

[Dashinka 24,848]

4 hours ago, Walansa said:

To be specific, I had a sibling who was petitioned by a citizen parent. She has been issued her IV recently but wondering if it is advantageous if she would get married at this stage?

Don't play that game with the visas.  Have your sister enter the US as an FB1 to activate her GC, then she can get married.  There is no advantage to getting married between the visa for an "unmarried child" being issued, and entering the US, and potential downsides especially in this current immigration environment.

 

Good Luck!

[Ontarkie 14,532]

~~Moved to Bringing Family of USC, from Bringing Family of PR- the OP is asking about a USC parent petition.~~