I-130, Change of category from 2B to 2A possible if getting married to permenant resident ?

[roomania 0]

Hi All,

Hope you guys are doing well. I am 25 years old and my father (a legal permenant resident) filed an I-130 for me with priority date April 10, 2008 (under category 2B). This will take approximately another 6-7 years for the visa to be available. However i am getting married to a permenant resident, does this mean that i will get bumped up to category 2A ? And based on the current dates from the visa bulletin (current date Aug, 2007), will i get my visa within the next year ? Also if this stands true what is the process of getting my category changed from 2B to 2A or will my spouse filing for my green card be treated as a new case with a new priority date etc ? Would appreciate any help you guys can provide.

Thanks

[RICARDO4EVA2 194]

Hi All,

Hope you guys are doing well. I am 25 years old and my father (a legal permenant resident) filed an I-130 for me with priority date April 10, 2008 (under category 2B). This will take approximately another 6-7 years for the visa to be available. However i am getting married to a permenant resident, does this mean that i will get bumped up to category 2A ? And based on the current dates from the visa bulletin (current date Aug, 2007), will i get my visa within the next year ? Also if this stands true what is the process of getting my category changed from 2B to 2A or will my spouse filing for my green card be treated as a new case with a new priority date etc ? Would appreciate any help you guys can provide.

Thanks

So it seems the person your are getting married to isn't the person who petitioned for you. With that said the petition will not be upgrade because it has to be a petition that was filed by that person. i dont know which country's cut off dates you are subjected to but what i can say is that it would be quicker if the new LPR file a petition for you which would not have any burden on the one that is currently pending.

[payxibka 10,047]

Hi All,

Hope you guys are doing well. I am 25 years old and my father (a legal permenant resident) filed an I-130 for me with priority date April 10, 2008 (under category 2B). This will take approximately another 6-7 years for the visa to be available. However i am getting married to a permenant resident, does this mean that i will get bumped up to category 2A ? And based on the current dates from the visa bulletin (current date Aug, 2007), will i get my visa within the next year ? Also if this stands true what is the process of getting my category changed from 2B to 2A or will my spouse filing for my green card be treated as a new case with a new priority date etc ? Would appreciate any help you guys can provide.

Thanks

No transfer or eligibility change because the eligibility is based on a relationship with different petitioners. Everything needs be brand new with all new dates if/when your spouse files a petition for you

Edited June 3, 2011 by payxibka

[roomania 0]

Thank you for the responses. One more clarification .. Now that its clear that i wont get a category upgrade, do i need to get my initial I-130 closed or something on those lines before my spouse files for me under category 2A ? Also any idea about how long would it take for a 2A category application to get current and does my spouse have to be in the United States during this filing period ?

[RICARDO4EVA2 194]

Thank you for the responses. One more clarification .. Now that its clear that i wont get a category upgrade, do i need to get my initial I-130 closed or something on those lines before my spouse files for me under category 2A ? Also any idea about how long would it take for a 2A category application to get current and does my spouse have to be in the United States during this filing period ?

No... there is no need to close the pending application... You never know what could happen.

Yes... The F2A processing I'm saying is between 2.5 - 4 years.

No... Your spose is NOT required to be in the USA during ANY part the filing period however he must have a US domicile and come to the USA the day you enter as a permanent resident.

[aleful 1,905]

Hi All,

Hope you guys are doing well. I am 25 years old and my father (a legal permenant resident) filed an I-130 for me with priority date April 10, 2008 (under category 2B). This will take approximately another 6-7 years for the visa to be available. However i am getting married to a permenant resident, does this mean that i will get bumped up to category 2A ? And based on the current dates from the visa bulletin (current date Aug, 2007), will i get my visa within the next year ? Also if this stands true what is the process of getting my category changed from 2B to 2A or will my spouse filing for my green card be treated as a new case with a new priority date etc ? Would appreciate any help you guys can provide.

Thanks

as said there is no transfer, if you marry you cannot adjust under your father, resident parents cannot file for married children, so that petition will be voided if you choose to marry.

Category 2A is for spouses of permanent residents and unmarried children under 21. only USC can file for married children.

you will marry and then your wife will file for you with a new priority date.

[Miami_Boy 9]

Hi All,

Hope you guys are doing well. I am 25 years old and my father (a legal permenant resident) filed an I-130 for me with priority date April 10, 2008 (under category 2B). This will take approximately another 6-7 years for the visa to be available. However i am getting married to a permenant resident, does this mean that i will get bumped up to category 2A ? And based on the current dates from the visa bulletin (current date Aug, 2007), will i get my visa within the next year ? Also if this stands true what is the process of getting my category changed from 2B to 2A or will my spouse filing for my green card be treated as a new case with a new priority date etc ? Would appreciate any help you guys can provide.

Thanks

I have best solution for you::::::

you could change your category plus also kept the old F2B priority date too.. make sure you're not withdraw your F2B application. If your F2B i-130 application already been approved, then you still need to apply for I-130 application as F2A. If you already withdraw F2B application before USCIS make any decision....Then you will fall into this category. Here is law said:

(15) Effect of withdrawal or denial due to abandonment . USCIS' acknowledgement of a withdrawal may not be appealed. A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under 103.5 . Withdrawal or denial due to abandonment does not preclude the filing of a new application or petition with a new fee. However, the priority or processing date of a withdrawn or abandoned application or petition may not be applied to a later application or petition. Withdrawal or denial due to abandonment shall not itself affect the new proceeding; but the facts and circumstances surrounding the prior application or petition shall otherwise be material to the new application or petition. (Amended effecti ve 6/18/07; 72 FR 19100 )

http://www.uscis.gov...90aRCRD&CH=8cfr

Edited June 5, 2011 by Miami_Boy