F2b now, or wait until citizen for F1?

[Hornswoggled 17]

Hello folks,

 

Looking for some advice and resources to make a future decision. Looked over the forum, but didn't find exactly what I was looking for.

 

First, some background . . .

My wife and her younger daughter came to USA on K-1/K-2 visas two years ago. Everything went smoothly, and now we are finishing up the I-751 removal of conditions filing. So, my wife can (presumably) file for N-400 Citizenship in 2022 if she wants to. 

 

I was previously under the mistaken idea that her only option to bring her 28 y.o. unmarried daughter (still in Thailand) to the USA was to obtain citizenship and file an for an F1 visa. But I recently became aware of the F2b visa option for current Permanent Residents.

 

So the basic question is if there is any advantages in filing for an F2B now, or waiting (presumably) about 1.5 years from now for citizenship and filing for an F1 visa?

 

Any difference in wait times until they are in the USA with either method? Any other significant differences in the benefits of F1 vs. F2b?

 

Any links to resources for wait times, etc. would be appreciated!

 

Thanks!

[SusieQQQ 11,586]

There is absolutely zero reason to wait. F2B for most countries is currently faster than F1 anyway. If F1 ends up faster in the future she can just upgrade the petition when she becomes a citizen. 

 

The only restriction is that while she is still a LPR, daughter cannot marry or the petition dies. If daughter marries after she is a citizen before she gets a F1 visa, the category will just change to F3 (longer wait but keeps the petition/priority date).

[SusieQQQ 11,586]

If you look at the visa bulletin you will see current wait for F2B has been almost a year shorter than F1, approx 6 vs 7 years.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-april-2021.html

[aaron2020 11,651]

Agree.  Absolutely no reason to wait.

 

If your wife files as an LPR in the F2b category, there is flexibility.  Once she becomes a US citizen, the petition automatically goes from F2b to F1, and there is a one time option at any point to retain the F2b category.  This flexibility allows the choice between F2b or F1 and take advantage of whichever is quicker.  

If your wife waits to file as an USC in the F1 category, then she is stuck with the F1 category and 1 1/2 years is wasted.  

Her daughter should stay unmarried the entire time.  If she gets marry while her mother is an LPR, then the case is void.  If she gets marry after her mother becomes a USC, then it's a 13 years wait in the F3 category.  

Edited April 3, 2021 by aaron2020

[Hornswoggled 17]

Thanks for the great and prompt answers people.

 

So, does this sound like the most viable plan:

 

1) We file now as F2b, which is presumably going to take about 6 years until daughter is here.

2) If wife gets citizenship in the meantime, petition automatically goes to F1, which is currently about 1 year longer.

3) In that case, we watch the Visa Bulletin date listed in (chart A or B?). If F2b continues to show earlier wait times than F1, then when the date in the Visa Bulletin chart is getting close (say, 6 months?) to our original filing date, then we use our one-time switch option to revert back to our original F2b category. 

4) In the meantime, hope that any rule changes over the next 6 years are for the better, not worse.

5) Go ahead and have daughter file each year starting with DV-2023 this fall for a diversity visa as a possible opportunity to make things happen earlier. 

[aaron2020 11,651]

4 minutes ago, Hornswoggled said:

Thanks for the great and prompt answers people.

 

So, does this sound like the most viable plan:

 

1) We file now as F2b, which is presumably going to take about 6 years until daughter is here.

2) If wife gets citizenship in the meantime, petition automatically goes to F1, which is currently about 1 year longer.

3) In that case, we watch the Visa Bulletin date listed in (chart A or B?). If F2b continues to show earlier wait times than F1, then when the date in the Visa Bulletin chart is getting close (say, 6 months?) to our original filing date, then we use our one-time switch option to revert back to our original F2b category. 

4) In the meantime, hope that any rule changes over the next 6 years are for the better, not worse.

5) Go ahead and have daughter file each year starting with DV-2023 this fall for a diversity visa as a possible opportunity to make things happen earlier. 

Sounds good.

3.  Judgment call.  Most likely Chart B.