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  • What to do!!!! need advise

    Greetings all,
    (My apologies ahead of time if this gets too long)
    I need help on my sistuation. My mother petitioned for me(unmarried child over 21) when she was a LPR back in Feb 2001. Last month in Sep. 2007, my mom was sworn and received her Certificate of Naturalization (I believe this should upgrade my category from F2B to F1).
    Looking at the Visa Bulletin and my priority date, my case is current. I'm an Indonesian studying in the Philippines.
    Here's my problem....I plan to get married next year here in the Philippines.
    1).Will my case die out if my case is current and I don't act upon it now?
    2).Is it possible to wait till after my marriage then continue the process of the greencard(which would then be catagory F3)?
    3).I heard the CP should be done in my home country of Indonesia. Can I just do the CP here at the US Embassy in Manila?

    The reason I'm asking is this....If I continue the greencard processing as an unmarried child over 21 then petition for my (future) wife, we'll have to wait 5+ years before being together. But if continue the greencard processing AFTER marriage (when our priority date is current), my future wife could be a derivative and we can go together.

    Please advise...I really want to know the best plan for my fiance and me without me jeapordizing my mom's petition. Thanks

  • #2
    Greetings all,
    (My apologies ahead of time if this gets too long)
    I need help on my sistuation. My mother petitioned for me(unmarried child over 21) when she was a LPR back in Feb 2001. Last month in Sep. 2007, my mom was sworn and received her Certificate of Naturalization (I believe this should upgrade my category from F2B to F1).
    Looking at the Visa Bulletin and my priority date, my case is current. I'm an Indonesian studying in the Philippines.
    Here's my problem....I plan to get married next year here in the Philippines.
    1).Will my case die out if my case is current and I don't act upon it now?
    2).Is it possible to wait till after my marriage then continue the process of the greencard(which would then be catagory F3)?
    3).I heard the CP should be done in my home country of Indonesia. Can I just do the CP here at the US Embassy in Manila?

    The reason I'm asking is this....If I continue the greencard processing as an unmarried child over 21 then petition for my (future) wife, we'll have to wait 5+ years before being together. But if continue the greencard processing AFTER marriage (when our priority date is current), my future wife could be a derivative and we can go together.

    Please advise...I really want to know the best plan for my fiance and me without me jeapordizing my mom's petition. Thanks

    Comment


    • #3
      If you get married you cease to be an unmarried child over 21 and your mother will have to file a new petition for you and your wife. This means new priority date (check the Visa Bulletin).

      If you go ahead and get your green card before marriage then you can petition for your wife and - yes it takes that long. However, there is some hope that the visa class V-1 will be revived and your wife may not have to wait that long. There is also possibility of getting a humanitarian parole for your wife.

      Answering question No. 3, the consular offices have discretion whether to accept the processing of a green card so you have to talk to the consular section of the embassy in Manila.

      Good luck.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Verbalist:
        If you get married you cease to be an unmarried child over 21 and your mother will have to file a new petition for you and your wife. This means new priority date (check the Visa Bulletin).. </div></BLOCKQUOTE> no no - Delta got it right: the category changes, PD stays the same (no new petition).
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Verbalist:
        If you go ahead and get your green card before marriage then you can petition for your wife and - yes it takes that long. However, there is some hope that the visa class V-1 will be revived and your wife may not have to wait that long. There is also possibility of getting a humanitarian parole for your wife.. </div></BLOCKQUOTE> haven't heard about revived V visa, but I am sure that the humanitarian parole is not given out just because somebody has to wait a long time for PD to become current.[/QUOTE]
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Verbalist:
        Answering question No. 3, the consular offices have discretion whether to accept the processing of a green card so you have to talk to the consular section of the embassy in Manila. </div></BLOCKQUOTE> You can have case processed in a country where you are either citizen or resident. It is a good idea to check with Manila.

        Delta: you mother should upgrade the petition (inform NVC about the change). It does not happen automatically. Only after that NVC will register that your case is current and start working on it "again".

        When do you plan to get married? F3 is only a few months behind F1.

        Comment


        • #5
          phewww, I kinda froze when I read your post Verbalist . I don't think I'll be willing to wait another 8 years.
          Thanks aneri, my PD is May 1, 2001. Under the F1, it's aready current as of today. And based on my estimation if I get married, my PD will become current around November/December 2008. I plan to get married July 2008. I wouldn't mind waiting a year and couple months so that my fiance and I can be together than to wait 5+ years of separation if I file now .

          Also another question aneri...Should my mother notify NVC of her US Citizenship now, or should she wait and notify them after I get married? Does it make a difference? (as far as NVC in concern, I'm still in F2B catagory, so to them I'm just still waiting).
          I told my mom not to do anything yet.

          And thanks you guys for your replies.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by -Delta-:
            ...Should my mother notify NVC of her US Citizenship now, or should she wait and notify them after I get married? Does it make a difference? (as far as NVC in concern, I'm still in F2B catagory, so to them I'm just still waiting).
            I told my mom not to do anything yet.

            And thanks you guys for your replies. </div></BLOCKQUOTE>

            In any protracted processes such as US immigration petitions, an "event-driven documentation" spells a huge difference. It's important, in my opinion, that the US government agencies involved are informed in a timely manner for each event that takes place that has a material bearing on the petition. In your case, it's time to inform not only the NVC, but the USCIS as well, that your mother/petitioner has already naturalized. Use all key references such as Case #, A#, Case preference, priority, her name, and your name, indicating in the letter that you would want to "opt out" from being moved to F1. Mail it with receipt confirmation and keep a photocopy in your personal file. When you got married, you do the same thing, requesting that your category be moved to F3. The worst that could happen is that they would return your letter and advise you on what to do, right? At least you did your part.

            Where do you study? In Luzon (Metro Manila) or in Visayas/Mindanao?

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
              In any protracted processes such as US immigration petitions, an "event-driven documentation" spells a huge difference. It's important, in my opinion, that the US government agencies involved are informed in a timely manner for each event that takes place that has a material bearing on the petition. In your case, it's time to inform not only the NVC, but the USCIS as well, that your mother/petitioner has already naturalized. Use all key references such as Case #, A#, Case preference, priority, her name, and your name, indicating in the letter that you would want to "opt out" from being moved to F1. Mail it with receipt confirmation and keep a photocopy in your personal file. When you got married, you do the same thing, requesting that your category be moved to F3. The worst that could happen is that they would return your letter and advise you on what to do, right? At least you did your part.

              Where do you study? In Luzon (Metro Manila) or in Visayas/Mindanao? </div></BLOCKQUOTE>

              Yes Rough Neighbor, I also think that NVC and USCIS should know everything everytime there's a change in my mom's petition for me. So going back to my first question....when my mom notifies the NVC and USCIS about her recently becoming a USC my case becomes current. But will it die out if I don't act upon it right when it becomes current (since I plan on getting married next year)?

              I'm studying at Metro Manila, DeLaSalle University.

              Comment


              • #8
                Oh, wait a minute. Let me correct myself. You're right, when you're on F2B and you got married, that's it, your petition becomes void. Good nobody blasted me for the slip up. Hah, living and learning. So instead of requesting to opt out, you can request conversion to F1. By next month, priority date for F1 is 08DEC01, yours is 01MAY01. So there's still a little wait. When you got married, request for F3 conversion. But, you're already treading a very, very dangerous ground by then.

                So Lasallite ha? Taft Avenue, LRT, Jeepneys, the noise, the dust, the humidity, and the daily hustle and bustle...... raring to get back there one day!

                Comment


                • #9
                  hahaha, you want to go back? I don't enjoy going to Manila. Only go when I have to, like only when to see my advisor. Thats why I live in Cavite, near Ta***tay...beautiful place.

                  anyway....
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
                  Oh, wait a minute. Let me correct myself. You're right, when you're on F2B and you got married, that's it, your petition becomes void. Good nobody blasted me for the slip up. Hah, living and learning. So instead of requesting to opt out, you can request conversion to F1. By next month, priority date for F1 is 08DEC01, yours is 01MAY01. So there's still a little wait. When you got married, request for F3 conversion. But, you're already treading a very, very dangerous ground by then. </div></BLOCKQUOTE>

                  I haven't void my mom's petition since I have not gotten married (yet) and my mom is already a USC. So I'm originally at F2B, then after my mom's USC upgraded to F1, then after my marriage downgraded to F3.
                  What do you mean 'treading a very, very dangerous ground by then'? You're scaring me now.

                  Comment


                  • #10
                    Just posted my previous...I wonder why they there's the three ***. It's just a name of a city T-A-G-A-Y-T-A-Y

                    Comment


                    • #11
                      Yeah, I know that, DLSU-Dasma, in Dasmarinas, Cavite. Tag@ytay City, a poetic place, overlooking Taal Volcano/Lake. I thought you're at DLSU-Manila.

                      By treading a dangerous ground I mean, the US government may see you flexing some immigration rules to fit your personal needs, that's all. No, I don't mean that you're doing anything illegal. Just somewhat stretching the limit of their discretion, or something like that. You see, during the process, they'll see that your preference category started out you being under F2B. Got no basis, I just thought about it like a wild hunch. There may be no problem after all. Nobody can predict what's going to happen exactly. Every case is unique.

                      Comment


                      • #12
                        I do go to DLSU-Manila, but I live in Cavite so I commute everytime I need to go to Manila...talk about traffic, I spend more time on the road than at DLSU.

                        Anyway, thanks for your help Rough Neighbor, appreciate it alot.

                        I'll update on what happens (most likely won't be until middle or end of 2008 though), just in case someone is reading this and also wants to know. Anyone else got anything to add, then please.

                        Comment


                        • #13
                          Delta, please accept my profound apology for the bad advice. Of course, Aneri was right. What can I say? Sorry.

                          Comment


                          • #14
                            It's completely alright Verbalist...no harm done...just a brief scare

                            Comment

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