harvy

Don't try to cancel the petition, you HAVE to cancel the petition before you go for the H4 stamping.

You cannot do it, her mother or father whoever is the petitioner has to do it.

Thanks again for your quick reply. This is very helpful. I will ask them to do so.

God bless you all.

no,

immigration doesn't know yet, but they will when filing all the documents at the NVC stage and it will be a waste of money. and she still has to wait many years

if your employer one day would file for you as a LPR, then she would get the GC as well. forget about her father's petition if you plan on getting married

Thanks Aleful. This is my plan for now. My employer will apply for my LPR in 2 years.

I am all focused on getting her H4 stamped in Jan 2014. I don't want this F2B application to cause any problem during visa interview. I will try to cancel her F2B application soon.

Please let me know the process for F2B application cancellation. I will also consult different lawyer soon.

If she goes to apply for H4, then chances are she will not be granted that visa because she already has a F2B ( immigrant ) petition filed for her.

Also dont think of not mentioning that in the visa application because it can create problems later.

So you have to cancel her F2B first and then apply for her H4 which will definitely be granted if all your paperwork is fine.

Thanks iamwhatiam80.

I am going to India in Jan and have all necessary paper work for H1B extension (done by my employer). I have taken group interview dates in Jan for my H1B visa stamping (extension) and my wife's H4 visa stamping. I have mentioned her F2B status in her application.

I will try to cancel her F2B application by Nov 2013.

hi,

sorry but that lawyer is a liar and only wants to get your money.. only US Citizens can file for married children as you stated. He or she has neglected to tell you that in order to change to that category, her father first has to become a USC before you even marry.

If he is only a LPR and you marry, the petition will be voided because residents cannot file for married children, only USC can.

in order to change category, he has to send the NVC a copy of his citizenship certificate and your marriage certificate, and the NVC meaning immigration will mail him a letter or NOA confirming the change of category. They will check the date he became a USC and the date you were married to see if you were married after he became a USC.

Thanks for this information Aleful.

Her mother is LPR (not USC). I will discuss this again with different lawyer.

I am getting married in Jan and will bring her to US on H4.

Do we have to cancel her F2B application before entering US, or this will get automatically cancelled.

Thanks again.

I consulted an immigration lawyer on this issue. I was told not to cancel her F2B application, instead she can come to US on H4 visa (dependent visa for wife with husband working on H1B).

Her F2B status will change to F3 (Married sons and daughters of U.S. citizens, and their spouses and minor children). Downside is F3 processing takes even longer time then F2B.

I am on H1B visa and getting married next year. My fiancee's parents applied her F2B visa. Her I-130 petition got approved last week.

Details:

Priority Date: March 6, 2011

I-130 Petition approval date: Sep 9, 2013

California Service Center

My question is how long will the total process take now to get visa.

Visa bulletin says that they are reviewing F2B cases for 15 FEB 2006 now.

I have two options: first to wait and second to cancel this F2B visa process and apply for H4 for her after getting married.

Please suggest on the time it takes after I-130 petition approval.

Thanks