How to change from F3 to F1?

[TPVN 4]

Hello and thank you in advance,

My father is a US citizen and filed for my sister and her husband as a F3 (Married daughter of USC). Now they got divorced since life changes. Is that possible to change her case from F3 to F1 by summiting her divorce decree? Her priority date is February 2012. And the i-130 was approved in November 2014.

Would the priority date remain the same?

I have these questions because she has a "kid" turned 21 last July 2019. I hope CSPA works for this case.

Thank you for helping.

 

[geowrian 22,335]

Yes it is, and the PD remains unchanged. Notify NVC and submit the divorce decree.

[TPVN 4]

Thank you @geowrian

Anyone knows if CSPA helps my niece from aging out? I learned that Final Action Date for F1 is now January 2013. And we would submit divorce decree to NVC to change from F3 to F1 next month.

Our Priority Date as we filed for F3 was February 2012.

My niece birthday was July 1998.

Thank you

[geowrian 22,335]

4 hours ago, TPVN said:

Thank you @geowrian

Anyone knows if CSPA helps my niece from aging out? I learned that Final Action Date for F1 is now January 2013. And we would submit divorce decree to NVC to change from F3 to F1 next month.

Our Priority Date as we filed for F3 was February 2012.

My niece birthday was July 1998.

Thank you

CSPA should cover just under 3 years (the time the I-130 was pending). So the now-21 year old noted has a CSPA-adjusted age of around 18, and should be fine.

Once NVC switches the category back to F1, the PD appears that it will be current (by almost a year). At that point, so long as they "seek to acquire" permanent residency within a year from that point (basically "start the NVC process" will qualify), CSPA should apply.

It may or may not require telling NVC to do the CSPA calculation, though (mixed results).

[TPVN 4]

5 minutes ago, geowrian said:

CSPA should cover just under 3 years (the time the I-130 was pending). So the now-21 year old noted has a CSPA-adjusted age of around 18, and should be fine.

Once NVC switches the category back to F1, the PD appears that it will be current (by almost a year). At that point, so long as they "seek to acquire" permanent residency within a year from that point (basically "start the NVC process" will qualify), CSPA should apply.

It may or may not require telling NVC to do the CSPA calculation, though (mixed results).

Thank you so much.

[Fouz 1]

On 8/28/2019 at 6:23 PM, TPVN said:

Thank you so much.

Hello, if you would kindly tell me what happened with your niece's visa and cspa coverage after a divorce? I am facing a similar situation with my son.

[Ontarkie 13,915]

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