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Thread: fi family based but nvc changed it to ir2

  1. #1
    hi to all,i am from philippines and i am 34 yrs old...but my mom whose an american citizen filed a petition for me when i was still under 21 years old.my case is under f1 family based.Last month i received a letter from the nvc that i am qualified to be under the category of ir2 since the u.s govt has a bill regarding family being not far away from each other or whatsoever.Though im naive on that bill but whoever passed that bill i really thank him for that.My mom had already received the affidavit of support and i already filled up the agent of choice form.,but there are still questions at the back of my mind that really need an answers..my questions are:

    1)whats next after that affidavit of support?
    2)how long will it take for me to get an interview
    3)im still single now but i have 3 kids,can i bring them along with me,what are the stepd
    $0would i tell the nvc about my 3 kids,or would i wait untill my interview if they will ask if i have my dependents.
    4)is there any possibilities that an ir2 would be denied.

    i hope someone has the same case with mione,please share it to me.
    Everyone can share some piece of advise too,i will really appreciate it a lot.
    thanks.

  2. #2
    hi to all,i am from philippines and i am 34 yrs old...but my mom whose an american citizen filed a petition for me when i was still under 21 years old.my case is under f1 family based.Last month i received a letter from the nvc that i am qualified to be under the category of ir2 since the u.s govt has a bill regarding family being not far away from each other or whatsoever.Though im naive on that bill but whoever passed that bill i really thank him for that.My mom had already received the affidavit of support and i already filled up the agent of choice form.,but there are still questions at the back of my mind that really need an answers..my questions are:

    1)whats next after that affidavit of support?
    2)how long will it take for me to get an interview
    3)im still single now but i have 3 kids,can i bring them along with me,what are the stepd
    $0would i tell the nvc about my 3 kids,or would i wait untill my interview if they will ask if i have my dependents.
    4)is there any possibilities that an ir2 would be denied.

    i hope someone has the same case with mione,please share it to me.
    Everyone can share some piece of advise too,i will really appreciate it a lot.
    thanks.

  3. #3
    if your mother was USC when she petitioned for you, or at least when you were under 21, you are indeed considered immediate family -> no wait in line
    The law passed some 8,9 years ago... so USCIS took its time put you in correct category

    1. NVC will finish its part (it depends on country, not sure if NVC will request your police record and medical, they do that for some countries, for other it is done by a consulate)
    2. depends on how busy the consulate in your country is
    3. hm hm.. that could be a problem. You are considered immediate relative, and that category does not allow for additional dependants / children. There are many examples what happens when beneficiary (you) gets married and then divorced... but I don't quite remember how case like yours is treated. I'll look into that.
    4. it can be denied if you are not eligible for visa: have ban on entering USA because of previous overstay, comimted certain crimes... or, not considered "immediate relative" since you have children

    You can check what you can find about CSPA

  4. #4
    hi annere,thanks for spending your time with my questions it really enlighten me...regarding my status,i never been married i got those three kids out of wedlock...is it still a problem for me to be classified in ir2?.thanks

  5. #5
    yes, I think so, but I am only 90% sure on this one.

    You can try to find more information and/or contact a lwayer (but please post back his/her answer). Or inform NVC about your children and see how they classify you then.. And if you are bringing them they have to be included in Affidavit of Support.

    You don't want to get a visa in wrong category (IR-2 if you don't qualify) as that will certainly backfire one day. And since you've been waiting this long, your PD for F1 category will become current soon (within a year or two) anyway. It is not like it is 15 year difference...

  6. #6
    hello

    i just talked with my mom(my petitioner)and she told me that she will talk to her lawyer about my case but she told me that i dont need to worry about my application because actually we are not the one classifying my case to ir2 its the nvc,regarding my kids,she said i still need to wait some more forms from the consulate here in my country and that is where i will state if i will travel alone or if i have dependants,she said she was in that situation before when she got married my american stepodad,she was asked on the form if she will be travelling alone and if she has dependants and she stated there that she has 4 kids but will not bring them along as of that time.Regarding on her affidavit of support for me she said she shouldnt have to include my kids there because it will complicate my case as what thew nvc advised,
    i will keep you posted whatever development on my case.....thanks

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by joycangel:
    i just talked with my mom(my petitioner)and she told me that she will talk to her lawyer about my case </div></BLOCKQUOTE> That's a good next step
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by joycangel:
    but she told me that i dont need to worry about my application because actually we are not the one classifying my case to ir2 its the nvc </div></BLOCKQUOTE>yes, but NVC does not have all the information. It would be the same if you were married and did not inform NVC about it. They would say you are IR-1, but the right category would then be F3. That's why I suggested you inform NVC about your children and then see what category they say you are in.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by joycangel:
    ..she said she was in that situation before when she got married my american stepodad,she was asked on the form if she will be travelling alone and if she has dependants and she stated there that she has 4 kids but will not bring them along as of that time.Regarding on her affidavit of support for me she said she shouldnt have to include my kids there because it will complicate my case as what thew nvc advised, </div></BLOCKQUOTE> So, are you saying NVC knows about your children? (My impression was that NVC was not formaly informed)
    I don't know what visa your mother got.. They are different ways to bring a spouse (or future spouse). Some require that step-children are petitioned separately, in others they may be included...

    yeah, let's see what happens. Good luck

  8. #8
    I HAD THE SAME THING HAPPEN TO ME(MY CASE WAS CHANGED FROM F1 TO IR2).I HAD ALREADY SENT OFF THE AGENT OF CHOICE LETTER WHEN I WAS TOLD OF THIS CHANGE, I QUICKLY CONTACTED NVC AND TOLD OF MY SITUATION ,AS I WAS NOT GOING TO LEAVE MY BABY, THEY ASKED ME FOR A COPY OF THE BIRTH CERTIFICATE AND A LETTER FROM MYSELF ASKING THEM TO PUT ME BACK IN F1 SO MY CHILD CAN COME WITH ME. I'M WAITING FOR A REPLY BY THE NEXT COUPLE OF WEEKS. IF U DONT PLAN ON TAKING YOUR CHILDREN ON YOUR INITIAL TRIP THEY WILL CONTINUE TO PROCESS YOU, BUT IF YOU WANT THEM TO COME WITH YOU U HAVE TO CONTACT THEM ASAP MAYBE YOU'LL JUS WAIT AN EXTRA YEAR OR SO...GOOD LUCK

  9. #9
    to curious84,

    thanks for sharing,i just wanna ask how come you had already sent off the agent of choice then the nvc changed it to ir2...does it mean that your f1 priority date is already current...the nvc wont send that form to you if your priority date is not about to be current i suppose.
    on my case...i only received those forms after informing me that my case was changed to ir2.
    another thing also is that i wont suppose to send a letter to nvc requwsting them to change my case again to f1 just bcoz i will bring my kids,someone told me that has also the same case with mine that i still qualified under ir2 even if i have kids but i should file a differnt form for them to join me in going there,i dont know if i have forgotten the right word but i think its something like derivatives thats what they call it,maybe you can check it out on line,i already did once and i forgot the site,but im still very confuse of all this stuff thats why im very open to all ideas and im also sharing all i got heared from some people...if you have more updates on your case,please dont forget to share it to me too,it would be very a great help for me...............thanks to all

  10. #10
    http://travel.state.gov/visa/l.../telegrams_1369.html

    29. ... F1 who now benefits from the special age
    out rules in Section 2 of the CSPA may prefer not to
    convert back to IR-2 category. Specifically, F1 aliens
    with children may prefer to remain F1s so that their
    children can accompany them to the U.S. as F1 derivatives.
    That would not be possible if the alien''s case were
    converted to IR-2 because IR-2s cannot have derivates

    30. Although there is an opt out provision in Section 6
    of the CSPA for F2Bs who do not wish to convert to F1 upon
    the petitioner''s naturalization, there is no express opt
    out provision in the CSPA for aliens who would prefer to
    remain F1s rather than converting to IR-2 under the
    special age-out protection rules in CSPA Section 2.
    However, in Department''s view, such aliens may still be
    processed as F1s, but only if the alien''s priority date
    falls within the F1 cut-off date.

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