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TPVN

How to change from F3 to F1?

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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.

 

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


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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

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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).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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.

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