Family visa - F1 not moving, how long to opt-out to F2b ?

[Best]

Guys, a quick update!!

I have just received a phone call from USCIS New Delhi Embassy. She said that my Approval letter has been issued and they will mail me soon but I have told her that I will personally come to pick my Approval Notice.

Hi PURU,

Congratulations. Wish You Best of Luck.

[Srie]

Srie,

I called NVC today and spoke to their representative. The rep wasn't that knowledgeable so he had to put me on hold and get hold of his supervisor. My questions were as follow:

1- If my father (the petitioner) filed the case for my brother with F2B status and converted to F1 when he received his citizenship, does he have an option to move back to F2B?
2- Do we have to write to DHS or USCIS in order to make the change in status?

The rep wasn't that knowledgeable so he had to put me on hold and came back with someone else in the background to answer my questions: Answers are as follow:

1- Yes; the petitioner has one more opportunity to convert the status back to F2B. After moving to F2B, he will not be able to move back to F1. This is to prevent people to keep switching back and forth.
2- No, my father doesn't have to write to DHS or USCIS. Simply write to "[email protected]" and let us handle the conversion. No need to contact anyone else.

Now my question is that per your experience, is that sounds correct piece of information? Or does it contradict with your experience dealing with them? or do you suggest that I should write to DHS anyway to get it done correctly? Also, how should I contact DHS? by mail, by email, or by phone? What is their address? what is their phone number? or what is their email address ?

Please advise asap so I can act soon.

Thank you,

Fezangee,

By now you may have read Puru's reply and know that despite NVC changing the visa category, we need to have an approval letter issued by USCIS/DHS. The frst time we knew that we need this approval was when Mr John's visa was held back at his interview. He had the NVC transfer but not the letter from DHS.

I am concerned that NVC has told you that once the opt out was granted, and one finds F1 starts running faster and pass F2B, then NVC will not convert it back to F1. This is another new scenario that none of us had read in this forum. But there is a chance that happening.

So have a good look at the two times for both categories and how far your priority date is and take a careful decision. At this time F1 is one year behind F2B.

Srie

[puru444]

Thank You So Much for ur wishes!!

Thank you all for ur wishes!!
I am glad that I have come in touch with you all and we helped each other superbly while dealing with this strange problem.

By the way, I called Liberal_always today and he confirmed that he too received an Opt-out Approval Letter by e-mail. Now, his son will too get a visa and join him soon.

I am glad that our initiative is successful and now its a guidance to all who are looking for solution for a long time in this regard.

I wish you all the good luck and I hope that everyone rejoins his family once again like older days but this time in New World

[liberal_always]

Hi Everyone,

A quick update ! FINALLY I HAVE RECEIVED THE OPT-OUT LETTER FROM USCIS.

You guys can't believe how relieved I was when I got that phone call and then finally seeing that email with the attachment. The letter clearly states that they have approved my request to opt-out under Section 6 of CSPA and Section 204(K) of the Immigration and Nationality Act.

For those who were not aware of my situation:
1. I contacted NVC for opt-out and they confirmed
2. However, I did not have any approval letter from USCIS. I had written many times to the USCIS Office in USA but to no avail
3. My son went for the interview as scheduled and they put his visa on hold until he produces this approval letter. This has happened with Mr John on this thread as well.
4. So we then had to run from pillar to post to figure out how the hell to get this and after thorough research we were able to find the resolution to this big mystery.
SUGGESTION: PLEASE DO NOT LISTEN TO WHAT NVC TELLS YOU. THEY MAY, MAY NOT KNOW AND YOU ARE RISKING A LOT BASED ON SOME AGENT WHO TELLS YOU SOMETHING OVER THE PHONE WHICH HAS NO CREDIBILITY AT ALL. This is what I learnt from personal experience.

So here is the resolution for those who seek this conversion to the big mystery that I have been trying to unravel since Nov 2014:

1. The Approval Letter can only be issued by USCIS Field Office where the beneficiary is residing
2. NVC needs to know about this Opt-Out so they can start the processing. However the authority to approve this opt-out is only with Department of Homeland Security (which is USCIS)
3. The consulate (Department of State) may not ask for this Approval letter depending on the country, but this is a HUGE RISK. Every beneficiary in this situation is advised to get this letter.

How do I get it:
1. If you feel that you will benefit from this opt-out provision, please contact NVC first.
2. They will start the processing of this case under F2B category.
3. They will notify by mail about this and that letter will also indicate that you must get approval from DHS (which is USCIS)
4. Then the beneficiary should make a written request to the USCIS Field Office (based on his residence) indicating that he/she wants to opt-out of this conversion under Section 6 of CSPA and Section 204(k) of INA.
Include the following documents for reference in your written request:
- Copy of I797 Approval Notice
- Copy of Naturalization of Petitioner
- Letter from NVC approving the opt-out and requesting to get approval from DHS
- USCIS Memorandum indicating how the USCIS Field office should proceed for such a request at:
http://www.uscis.gov..._sec6_32304.pdf

Send it (suggested via email and regular mail and if possible in person) to the Field Office where the beneficiary's case is being processed as displayed here:

http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

And then just pray that they know what this is and can proceed further with your case. If you don't hear from them send it again, and if possible make a personal trip by taking an InfoPass ticket. This is critical as many field offices are not aware of this provision.

I want to extend my sincere thanks to Puru for helping me out and being my support throughout this process. We were in touch outside this forum and co-ordinated our requests to the New Delhi USCIS office which resulted in the expeditious delivery of this approval letter.

Now, I am just hoping I hear back from the Consulate on the next steps soon.. (Anyone has experience with this please let me know - I called them and they said just wait to hear from the Consulate instead of scheduling an interview.. )

Will post as soon as we receive the visa ! Just pray for us

[Best]

Best Wishes

Hi Everyone,

A quick update ! FINALLY I HAVE RECEIVED THE OPT-OUT LETTER FROM USCIS.

Will post as soon as we receive the visa ! Just pray for us

Congratulations and Wish You Best of Luck

[Srie]

[QUOTE=liberal_always;427734]Hi Everyone,

A quick update ! FINALLY I HAVE RECEIVED THE OPT-OUT LETTER FROM USCIS.

You guys can't believe how relieved I was when I got that phone call and then finally seeing that email with the attachment. The letter clearly states that they have approved my request to opt-out under Section 6 of CSPA and Section 204(K) of the Immigration and Nationality Act.

Hi,

Wish you all the Best ad God Bless.

Thank you very much for updating and giving all of us a clear path to proceed.

Srie

[sana1976]

Congrats Srie

[QUOTE=Srie;427791]

Hi Everyone,

A quick update ! FINALLY I HAVE RECEIVED THE OPT-OUT LETTER FROM USCIS.

You guys can't believe how relieved I was when I got that phone call and then finally seeing that email with the attachment. The letter clearly states that they have approved my request to opt-out under Section 6 of CSPA and Section 204(K) of the Immigration and Nationality Act.

Hi,

Wish you all the Best ad God Bless.

Thank you very much for updating and giving all of us a clear path to proceed.

Srie

That is good news for you.. . But is your status changed at the NVC? How it can be changed there since they are the ones who scheduled the interview.

[Srie]

[QUOTE=sana1976;427825]

That is good news for you.. . But is your status changed at the NVC? How it can be changed there since they are the ones who scheduled the interview.

Sana,

Mine has not got changed yet, not by MVC or by USCIS, not yet. I am still waiting anxiously. I was quoting Puru/Lieberal always and wishing them good luck.

Srie

[Deep-heart]

need help!

Thank you all for ur wishes!!
I am glad that I have come in touch with you all and we helped each other superbly while dealing with this strange problem.

By the way, I called Liberal_always today and he confirmed that he too received an Opt-out Approval Letter by e-mail. Now, his son will too get a visa and join him soon.

I am glad that our initiative is successful and now its a guidance to all who are looking for solution for a long time in this regard.

I wish you all the good luck and I hope that everyone rejoins his family once again like older days but this time in New World

Hi puru444,

Congrats and wish you the best of luck. I am in the same situation you were. My petition was filed under F2B when my father was still a Legal Permanent Resident. During the waiting process my father got his naturalization but my visa category has not changed even after we have notified NCV via mail. In June 25th, 2015, I have received a Welcome letter from NVC mentioning the different steps to go through to be scheduled a Visa interview. At the beginning of my visa process my category was still F2B but few days later, I have noticed that my visa class has changed to F1. The issue is that I am from algeria and in my country we don't have a USCIS OFFICE where to make my appeal. Plz advise me what to to

[Deep-heart]

need help!

Hi Everyone,

A quick update ! FINALLY I HAVE RECEIVED THE OPT-OUT LETTER FROM USCIS.

You guys can't believe how relieved I was when I got that phone call and then finally seeing that email with the attachment. The letter clearly states that they have approved my request to opt-out under Section 6 of CSPA and Section 204(K) of the Immigration and Nationality Act.

For those who were not aware of my situation:
1. I contacted NVC for opt-out and they confirmed
2. However, I did not have any approval letter from USCIS. I had written many times to the USCIS Office in USA but to no avail
3. My son went for the interview as scheduled and they put his visa on hold until he produces this approval letter. This has happened with Mr John on this thread as well.
4. So we then had to run from pillar to post to figure out how the hell to get this and after thorough research we were able to find the resolution to this big mystery.
SUGGESTION: PLEASE DO NOT LISTEN TO WHAT NVC TELLS YOU. THEY MAY, MAY NOT KNOW AND YOU ARE RISKING A LOT BASED ON SOME AGENT WHO TELLS YOU SOMETHING OVER THE PHONE WHICH HAS NO CREDIBILITY AT ALL. This is what I learnt from personal experience.

So here is the resolution for those who seek this conversion to the big mystery that I have been trying to unravel since Nov 2014:

1. The Approval Letter can only be issued by USCIS Field Office where the beneficiary is residing
2. NVC needs to know about this Opt-Out so they can start the processing. However the authority to approve this opt-out is only with Department of Homeland Security (which is USCIS)
3. The consulate (Department of State) may not ask for this Approval letter depending on the country, but this is a HUGE RISK. Every beneficiary in this situation is advised to get this letter.

How do I get it:
1. If you feel that you will benefit from this opt-out provision, please contact NVC first.
2. They will start the processing of this case under F2B category.
3. They will notify by mail about this and that letter will also indicate that you must get approval from DHS (which is USCIS)
4. Then the beneficiary should make a written request to the USCIS Field Office (based on his residence) indicating that he/she wants to opt-out of this conversion under Section 6 of CSPA and Section 204(k) of INA.
Include the following documents for reference in your written request:
- Copy of I797 Approval Notice
- Copy of Naturalization of Petitioner
- Letter from NVC approving the opt-out and requesting to get approval from DHS
- USCIS Memorandum indicating how the USCIS Field office should proceed for such a request at:
http://www.uscis.gov..._sec6_32304.pdf

Send it (suggested via email and regular mail and if possible in person) to the Field Office where the beneficiary's case is being processed as displayed here:

http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

And then just pray that they know what this is and can proceed further with your case. If you don't hear from them send it again, and if possible make a personal trip by taking an InfoPass ticket. This is critical as many field offices are not aware of this provision.

I want to extend my sincere thanks to Puru for helping me out and being my support throughout this process. We were in touch outside this forum and co-ordinated our requests to the New Delhi USCIS office which resulted in the expeditious delivery of this approval letter.

Now, I am just hoping I hear back from the Consulate on the next steps soon.. (Anyone has experience with this please let me know - I called them and they said just wait to hear from the Consulate instead of scheduling an interview.. )

Will post as soon as we receive the visa ! Just pray for us

Hello liberal_always,

Congrats and wish you the best of luck. I am in the same situation you were. My petition was filed under F2B when my father was still a Legal Permanent Resident. During the waiting process my father got his naturalization but my visa category has not changed even after we have notified NCV via mail. In June 25th, 2015, I have received a Welcome letter from NVC mentioning the different steps to go through to be scheduled a Visa interview. At the beginning of my visa process my category was still F2B but few days later, I have noticed that my visa class has changed to F1. The issue is that I am from algeria and in my country we don't have a USCIS OFFICE where to make my appeal. Plz advise me what to to

[Srie]

Keyur,

Have you got the welcome documents pack from NVC ?

Srie

Hello friends,
Thank you all for posting on this thread.

My PD is 22nd Feb, 2009. My father filed when he was LPR in Dec,2008.
He got citizenship last year and informed NVC regarding for change of address via phone. On phone call, we informed them that my dad is citizen.(NVC confirms with petitioner about the citizenship)

Can you please help me with following questions?
1. I just called NVC today and asked about my file status. They informed me that it is still in F2B category. Should i inform them about the citizenship and change the file form F2B to F1?
2. What if i don't inform NVC about the citizenship and keep the F2B status as it is? will they revoke the petition?
3. Right now i am staying in US on legal visa (H1B), does it affect via applying for Adjustment Of Status(AOS) when my PD is current?

Waiting for your responses.

Thanks,
KP

- - - Updated - - -

Fezangee,

Have you got the NVC Welcome pack yet with fee bill ?

Srie

Hi Srie,

I just came across this forum today as I just noticed that F1 are moving slower than F2B. I saw that you have been writing in this forum since last year. My priority date is April 2009 and I converted my status from F2B to F1 when I became citizen in 214. The current priority dates are as follow

F1 - NOV 2007
F2B- NOV 2008

My question is that after all of your research, what do you think that I should do. Should I convert back from F1 to F2B?

Please advise.

Thank you,

[puru444]

contact rome, italy field office

Hi puru444,

Congrats and wish you the best of luck. I am in the same situation you were. My petition was filed under F2B when my father was still a Legal Permanent Resident. During the waiting process my father got his naturalization but my visa category has not changed even after we have notified NCV via mail. In June 25th, 2015, I have received a Welcome letter from NVC mentioning the different steps to go through to be scheduled a Visa interview. At the beginning of my visa process my category was still F2B but few days later, I have noticed that my visa class has changed to F1. The issue is that I am from algeria and in my country we don't have a USCIS OFFICE where to make my appeal. Plz advise me what to to

You need to contact rome, italy field office. As a beneficiary you need to put the request in writing at beneficiary's residence jurisdiction authority i.e. Rome for algeria. Since they dont have any field office in algeria, they are accomodating northern african countries at rome field office.

Best of luck!

[Deep-heart]

Need more informaion please!

You need to contact rome, italy field office. As a beneficiary you need to put the request in writing at beneficiary's residence jurisdiction authority i.e. Rome for algeria. Since they dont have any field office in algeria, they are accomodating northern african countries at rome field office.

Best of luck!

I really appreciate your help and thanks a lot for the information you provided me. I do have one more question.I'm a bit confused about how to contact Rome field office, i.e. is it through email , ordinary mail or should go there myself!!

Thank you so much

[rafarataneneces]

1. If you feel that you will benefit from this opt-out provision, please contact NVC first.
2. They will start the processing of this case under F2B category.
3. They will notify by mail about this and that letter will also indicate that you must get approval from DHS (which is USCIS)
4. Then the beneficiary should make a written request to the USCIS Field Office (based on his residence) indicating that he/she wants to opt-out of this conversion under Section 6 of CSPA and Section 204(k) of INA.
Include the following documents for reference in your written request:
- Copy of I797 Approval Notice
- Copy of Naturalization of Petitioner
- Letter from NVC approving the opt-out and requesting to get approval from DHS
- USCIS Memorandum indicating how the USCIS Field office should proceed for such a request at:
http://www.uscis.gov..._sec6_32304.pdf

Dear liberal_always

How long it takes for the NVC to issue you a change of category letter?
I am starting this process (I wish I started 6 months ago).
Therefore, I do not want to waste time if someone has tried something that didn't work, I would like to know.
I called the NVC and asked for a change of category, and the lines are always busy
I emailed NVC but I also don't want to keep my hopes up.

What is the best way to contact NVC?

Thanks!

[rafarataneneces]

Then the beneficiary should make a written request to the USCIS Field Office (based on his residence) indicating that he/she wants to opt-out of this conversion under Section 6 of CSPA and Section 204(k) of INA.
Include the following documents for reference in your written request:
- Copy of I797 Approval Notice
- Copy of Naturalization of Petitioner
- Letter from NVC approving the opt-out and requesting to get approval from DHS
- USCIS Memorandum indicating how the USCIS Field office should proceed for such a request at:
http://www.uscis.gov..._sec6_32304.pdf

Do you know if my case is being processed in

Guayaquil, Ecuador

Which would be the USCIS Field Office that I need to write?

Thanks in advance everybody for their support, I have been waiting 7 years for this moment.