Miscategory

[Garchitorena 0]

hello everyone,

I need help . We just got a letter a month ago from NVC. My sister in law petitioned my wife (sister) and her brother 18 years ago . We were already married by that time .

My wife 's visa application should have been the F4 category. But when we followed up the application 5 years ago we found out out we were in the F3 category and now NVC is about to process our visas.

I do not think my sister in law made a mistake in the application 18 years ago.

Is there a possibility my wife's category was bumped one higher ( F4 to F3 ) since my American sister in law did not petition any close relative ( spouse , children , parents) .

Do we need a lawyer to help us with this problem ? It is very hard to wait for another decade. How do we approach NVC about this ?

Thank you very much.

garchi

[Boiler 46,362]

Third: Married Sons and Daughters of Citizens

You need to make sure they are notified of the error.

Quicker if you are from Mexico, a bit longer from the Philippines.

[Garchitorena 0]

Third: Married Sons and Daughters of Citizens

You need to make sure they are notified of the error.

Quicker if you are from Mexico, a bit longer from the Philippines.

We are Canadian citizens now and our notice came from Montreal USCIS.

[Boiler 46,362]

?

Canadians take about 10 years for F4

[payxibka 10,047]

We are Canadian citizens now and our notice came from Montreal USCIS.

Montreal has a USCIS office?

[Garchitorena 0]

Montreal has a USCIS office?

I have to correct that. They send us the notice through the Montreal consulate.

I dont' how it will be since we were petitioned 18 years ago in Philippines. Now we Canadians for six years.

Our files has been transferred from Manila to Montreal so I don't know if that helped . I am still perplexed why we were bumped from F4 to F3. Its good in a way but , its not the right category. Naturally we are worried.

[Boiler 46,362]

I have to correct that. They send us the notice through the Montreal consulate.

I dont' how it will be since we were petitioned 18 years ago in Philippines. Now we Canadians for six years.

Our files has been transferred from Manila to Montreal so I don't know if that helped . I am still perplexed why we were bumped from F4 to F3. Its good in a way but , its not the right category. Naturally we are worried.

That sounds right then, another 5 years from memory.

[Garchitorena 0]

That sounds right then, another 5 years from memory.

Will there be a chance if we appealled ? after all it was not our mistake .

[Boiler 46,362]

Will there be a chance if we appealled ? after all it was not our mistake .

no

[Garchitorena 0]

no

Thanks a lot for the information . Not the answer I was hoping for but now things are clearer now.

My sister in law retires in 2 years and is going back to the old country , I guess thats the end of our American dream too.

Thanks again.

[Laur1111 0]

Thanks a lot for the information . Not the answer I was hoping for but now things are clearer now.

My sister in law retires in 2 years and is going back to the old country , I guess thats the end of our American dream too.

Thanks again.

Dont give up so quickly, contact USCIS and the consulate, explain the case better and see what they answer!

[Boiler 46,362]

Dont give up so quickly, contact USCIS and the consulate, explain the case better and see what they answer!

Explain what?

That they want to be in a category they are not entitled to be?

[Otto 83]

Do we need a lawyer to help us with this problem ?

That would be a smart idea.

A qualified, family-based immigration attorney would certainly seem to be of benefit (better now then wish you did later).

[Garchitorena 0]

That would be a smart idea.

A qualified, family-based immigration attorney would certainly seem to be of benefit (better now then wish you did later).

Thanks everyone . We'll see what to do next from here .