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  • I-130 upgradation

    Hi,
    My father (LPR) filed an I-130 petition for me (Over 21 years and Unmarried) in 2000 and my priority date is October, 2000. Recently my case has been approved by USCIS and sent to NVC. NVC informed me that they received my petition. But they have mentioned that unfortunately visa number is not available for my category (F2B). I checked the visa bulletin for September 2005. Currently they are processing case with priority date April, 1996 in this category (F2B). Now my first question is:

    1. How long I have to wait for the visa number?

    My father is supposed to be US citizen shortly. He will upgrade my petition to F1 category as soon as he becomes Citizen. Here I am having a boy friend. I am thinking to get him married after my petition is upgraded to F1. In such case, I should be upgraded to F3. Here it is mentionable that when my case has been approved, I was unmarried 21+ daughter of LPR. Now my second question is:

    2. Can I upgrade my petition from F2B to F1 and then to F3?

    Please help me..

    Regards,
    Swarna 2005

  • #2
    Hi,
    My father (LPR) filed an I-130 petition for me (Over 21 years and Unmarried) in 2000 and my priority date is October, 2000. Recently my case has been approved by USCIS and sent to NVC. NVC informed me that they received my petition. But they have mentioned that unfortunately visa number is not available for my category (F2B). I checked the visa bulletin for September 2005. Currently they are processing case with priority date April, 1996 in this category (F2B). Now my first question is:

    1. How long I have to wait for the visa number?

    My father is supposed to be US citizen shortly. He will upgrade my petition to F1 category as soon as he becomes Citizen. Here I am having a boy friend. I am thinking to get him married after my petition is upgraded to F1. In such case, I should be upgraded to F3. Here it is mentionable that when my case has been approved, I was unmarried 21+ daughter of LPR. Now my second question is:

    2. Can I upgrade my petition from F2B to F1 and then to F3?

    Please help me..

    Regards,
    Swarna 2005

    Comment


    • #3
      If I'm understanding you correctly, you're planning to get married before you get a green card. Doing so will change your status to F3, married son or daughter of a U.S. citizen. THIS IS NOT AN "UPGRADE". It actually means a longer wait. F1 is "first preference" or has top priority; F3 is "third preference". The only way I see (I'm not a lawyer) marriage helping you is if you're marrying a U.S. citizen.

      Comment


      • #4
        You can upgrade or downgrade your status from F2B to F1 or F3 based upon your marital status after your father becomes a USC. You will retain your F2B priority date, but the marriage must take place after your father is naturalized. Your new cut-off date will follow F1 or F3 accordingly. therefore, F1 would be current for you and F3 would be still unavailable in a couple of years. Good luck

        Comment


        • #5
          familybased,
          Thanks a lot. That's what I wanted to know.

          Swarna 2005

          Comment


          • #6
            Hi AliBA,
            Thanks for your reply. I know that F1 is 'first preference'. As I am in Bangladesh and going to get married a Bangladeshi, F3 might help me. I also want to take my 'would be' spouse with me. If I go under F1, I may have to wait for a long time. Don't you think so? I think I should wait here in Bangladesh for 2-3 years more and take my 'would be' spouse with me.

            Thanks,
            Swarna 2005

            Comment


            • #7
              Hi Familybased
              Perhaps you may have an answer to how I can talk to the customer service about my I-130 upgrade. My priority date was August 21 and my file was transferred to California from Nebraska in July. The spouse became citizen in July and I filed upgrade but so far I have heard nothing I have tried the 1-800... number but no luck I just keep finding the automated unhelpful messages which tell me it takes 900 days to process etc,with no option of talking to a representative. What can I do?
              thanks

              Comment


              • #8
                The priority date is August 21 2001, the transfer was in July 2005 as well as the spouse naturalization.

                Comment


                • #9
                  You mean, "wait for a long time" to bring your fiance over if you don't marry him? Yes. But it's my understanding that you'll have a longer wait for a green card with F3 than with F1. But, as I said, I'm not a lawyer, just an amateur.

                  Comment

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