Change of Status from F1 to F3

[Alton4eva 1]

A friend of mine whose mother is U.S citizen had filed for her in 2006 which puts her in the F1 category. She however got married last year and wants to know how to proceed with changing of status from F1 to F3 and how long will it take to have her husband attached to the petition and subsequent filing to be completed?

Does she keep the priority date already given?

She has also been recently issued with a visa number and should have started the process of getting police reports, doing medicals and then preparing for the interview.

What are the cost associated with the change of status and does the petitioner being her mother have to provide and affidavit of support for her husband as well.

[apple21 953]

They should email NVC regarding the change in marital status, attach a copy of their marriage certificate.

She should not proceed with the NVC process because she knows she's no longer qualified for the F1 visa.

Once her category is changed to F3, she will still retain her original priority date but it will take longer for their PD to become current again. Current PD for F3 Jamaica is 22 FEB 2004.

Edited June 9, 2015 by apple21

[Alton4eva 1]

Thanks much I will ensure she gets the info.

What if she were to get a divorce would she still remain in the F1 category? Would she still have to notify the NVC?

What priority date are they now at for F1 in Jamaica and how long before she would have to take up the offer?

[milimelo 4,199]

Wait, are you really suggesting the person would get divorced so she could get her visa sooner? Should've thought about that before she got married, not now.

Visa bulletins have been online for a long time if she ever bothered to check PD movements...

http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html

[aleful 1,905]

she would be committing fraud unless the divorce was real

just getting a divorce to gain a benefit is fraud, and then remarry once she had the GC

so unless she would be really divorced now, she needs to wait a few more years because she doesn't qualify and needs to notify NVC

[Alton4eva 1]

My understanding is that yes she would be really divorced. So how is that fraud?

Isnt divorce a divorce. the reason for doing so may not be "morally right" but she would be divorced and if thats the case does that not put her back in the F1 category.

Thanks for the link to the visa bulletins.

[apple21 953]

Yes if she divorce she will qualify for the F1. Just proceed with the NVC process and submit certified copy of divorce papers as proof that she is single once again. Bring the original divorce papers to the interview.

[Alton4eva 1]

So I passed on the info to my friend and she discussed with her husband and their immigration lawyer.

They have decided to wait the additional three or so years it would take for them to be processed in the F3 category. She said she had been waiting this long so she can wait a few more years. Its wasnt wait the drama of it all.

I guess the thought of committing fraud or perjuring themselves in court didn't sit well with either of them.