Derivative in F3 Category, already in US on F1 Visa

[cityofgod 0]

Hi all. This case is about my sister, she's currently in US on an F1 visa. My grandmother (U.S. Citizen) filed the petition in Janauary,2003 for my mother which was approved in 2009. Our priority dates are current now, earlier the invoice for IV fees did not have the name of my sister on it because she was over 21, but after contacting NVC and talking about CSPA , they sent her invoice. We already paid the fees for her but the problem is which forms should she submit. According to my half baked knowledge, she should send the AOS I-485 , does she would also have to submit the DS-260 also ? And what about the documents like Police Clearance Certificates , she can't get it unless she comes back to India. Any suggestions would be welcome.

[Harpa Timsah 13,258]

If she adjusts in the US via I-485 then she will not need any DS forms, nor a police cert. She would also cease contact with the NVC.

[cityofgod 0]

If she adjusts in the US via I-485 then she will not need any DS forms, nor a police cert. She would also cease contact with the NVC.

Thanks Harpa for really prompt reply.

After filing I-485, what further steps should she take ?

[Harpa Timsah 13,258]

She will need to file I-485 with related forms, including I-864, and proof of approved I-130 and current priority date. Then she will get fingerprinted, then she will wait and wait and wait and get approved some time. Getting a visa abroad will be faster and cheaper, but she will have to pay for airfare.

i just checked on form I-485, and she will be in category B, which says that the main person (parent in this case) needs to have been awarded LPR status already or have applied for a I-485. Not sure on all the particulars on this.

[cityofgod 0]

I just checked the I-485 form , I think she would come under category A -

a.

An immigrant petition giving me an immediately available immigrant visa number

that has been approved. (Attach a copy of the approval notice, or a relative, special

immigrant juvenile, or special immigrant military visa petition filed with this

application that will give you an immediately available visa number, if approved.)

My reasoning is that both my sister and I are derivatives under F3 preference and my mother is the beneficiary, so the petition is already approved and the priority date is current so this means immigration visa number would be available.

[Harpa Timsah 13,258]

But you are not the direct beneficiaries of that I-130, you are derivatives. You are choice B.

[cityofgod 0]

Hey everyone,

I am posting this again to clear some doubts.

This case is about my sister, she's currently in US on an F1 visa. My grandmother (U.S. Citizen) filed the petition in Janauary,2003 for my mother which was approved in 2009.

Yesterday , we were granted immigrant visas (my father, mother & me). There was a problem with CSPA aplicability in my sister's case which we sorted out during the immigrant visa interview with the CO.

She is definitley eligible and we have even paid the IV ($230) fees but the problem is which forms should she submit. According to my knowledge, there are 2 ways to go about this

1. She can fill the AoS I 485 and further pay $1070 fees. How long would it take as the visa bulletin is already current ?

2. Or she can come back to India , get her police clearence certificates , file DS 230 , then appear for interview ? Approx how much time will this take as she is woring in US on OPT ?

Any suggestions would be welcome.

[aussie_jason 195]

What doubts are there after your previous thread? http://www.visajourney.com/forums/topic/459158-derivative-in-f3-category-already-in-us-on-f1-visa/

If her priority date is current then file the I-485

[cityofgod 0]

What doubts are there after your previous thread? http://www.visajourney.com/forums/topic/459158-derivative-in-f3-category-already-in-us-on-f1-visa/

If her priority date is current then file the I-485

Thansk jason. But the problem is I know the timeline for NVC Ds230 process , it will take further 2-3 months for the interview to scheduled. But I really don't know about the AoS process i.e. how much time it would to take to get the interview scheduled and if we go through the AoS route , we'll lose the $230 paid as IV fees to NVC and pay additional $1070.

For Ds 230 , she would have to come back to India , so I am trying to find a cost eddective option here.

What the hell was that ?

[Ryan H 3,834]

Duplicate threads merged, please do not start multiple threads on the same issue. One post contributing nothing to the discussion removed.