I-130 change of category from F4 to F3 - Please Advice

[svm 0]

Bottomline: Would you recommend changing the filing category from F4 to F3? If so, what happens to the original priority date?

 

Situation:

- US Citizen Brother filed for Sister living in India in May 2011, Married + Two Kids

- Parents became US citizens in 2018

- F4 Priority date as of Aug 2023: 22FEB06

- F3 Priority date as of Aug 2023: 01MAR10

 

What would happen if we apply for a change of category at this point (F4 to F3)? Would approval be any faster or does the priority date gets reset? Kids are turning 21 but are protected under CSPA for now.

 

Please share your thoughts. Thank you. 

 

[Chancy 6,241]

17 minutes ago, svm said:

Would you recommend changing the filing category from F4 to F3?

 

There is no such thing as changing category from F4 to F3, because it's not possible for your sibling to change into your parent.  If you want to pursue F3 visas instead of F4, you will need to start from scratch, with your parent filing a new I-130 petition for you.  Your F3 priority date will be the date listed on the I-130 receipt to be sent to your parent.  Your PD from your existing F4 petition will not be carried over to the new F3 petition.

 

[Boiler 45,641]

I do not remember anyone thinking this was possible until yesterday, now 2 in a row.

 

Odd.

 

I do believe in having multiple applications when you are dealing with very long wait times.

[Boiler 45,641]

How can you possibly know the impact of CSPA?

[Mike E 11,740]

Well scientifically it is possible for a parent to be a half sibling.

 

If the DNA test shows that the F-4 petitioner is the biological parent, and the beneficiary was legitimated, go for it. 

[svm 0]

Sorry if I wasn't clear, but my parents are US citizens as of 2018, and I was thinking of filing under their name (if something like that is possible and the existing I-130 p.date can be retained)

 

F3: Married sons and daughters (any age) of U.S. citizens. 

 

F4: Brothers and sisters of adult U.S. citizens

[Mike E 11,740]

6 minutes ago, svm said:

was thinking of filing under their name (if something like that is possible and the existing I-130 p.date can be retained)

No it cannot be retained.

 

7 minutes ago, svm said:

but my parents are US citizens as of 2018

Each parent should have filed an I-130 for you in 2018.

[Chancy 6,241]

2 minutes ago, svm said:

I was thinking of filing under their name (if something like that is possible and the existing I-130 p.date can be retained)

 

Your parents are definitely allowed to file a new I-130 petition for you, but that petition will have a new PD.  The existing F4 PD will not be carried over.

 

[Crazy Cat 41,974]

1 hour ago, svm said:

Sorry if I wasn't clear, but my parents are US citizens as of 2018, and I was thinking of filing under their name (if something like that is possible and the existing I-130 p.date can be retained)

 

F3: Married sons and daughters (any age) of U.S. citizens. 

 

F4: Brothers and sisters of adult U.S. citizens

Parents can file for you.  You will have concurrent I-130s with different priority dates. 

[manyfudge 291]

Well, your parents should have filed as LPR for you in 2010? 2011? But I suppose you were already married.

 

When was the i130 approved?

 

Edited August 2, 2023 by manyfudge