F3 Status

[eddygee]

Hi ! I have a few queries :

1. My US Citizen father filed for an F1 ( unmarried son ) back in '95, some claim that it automatically transfers to F3 ( married son ) without advise. True ?

2. Petition was filed in the Philippines and sent to the NVC in NH. I have been in the US for 10 years now with my own family ( within status ). My petition is becoming current ( hopefully sooner ). Is it required for me to return to my country of origin to recieve immigrancy status, or I can remain here and get it ?

Thanks !

[daru786]

Hi ! I have a few queries :

1. My US Citizen father filed for an F1 ( unmarried son ) back in '95, some claim that it automatically transfers to F3 ( married son ) without advise. True ?

2. Petition was filed in the Philippines and sent to the NVC in NH. I have been in the US for 10 years now with my own family ( within status ). My petition is becoming current ( hopefully sooner ). Is it required for me to return to my country of origin to recieve immigrancy status, or I can remain here and get it ?

Thanks !

If you are here legally present in US then you can adjust status here.

[butter]

@eddygee

1. As far as I am aware it does not automatically transfer from F1 to F3. The petitioner would have had to inform USCIS of change. New priority date etc.

2. I would think that once you are legal you can adjust status in U.S. If you are not, there may be problems - 10 year ban for overstaying etc.

All the best !