QUESTION
Do I HAVE TO covert from F1 to F3 or it is up to me?
Asked on Jun 03rd, 2013 on Immigration - California
More details to this question:
Hi there, My dad filled a F1 family sponsored form for me, my priority date is in October, 2007, literally a year and half away from current priority date. I've got married 2 years ago but did not update my status and thus did not convert to F3 category. My question is: what will happen if I will not update my status and remain in F1 further? Will the officers refuse to give me a green card when my turn come or they will simply grant the green card only to me, not to my wife? I really don't want to convert to F3 now - I am fine if they give the green card only to me. I can always apply for my wife later on. Thanks!
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Obtaining a green card under the F-1 category for single sons or daughters over the age of 21 of US citizens when you no longer fall within that category but within the F-3 for married sons or daughters of US citizens constitutes an act of fraud. A permanent residence attained in that way is revocable. I suggest that you inform the National Visa Center of the change in your circumstance. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 18th, 2013 at 5:28 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hello. It happens automatically when they discover that you are married. Thus, you should assume your priority date is based on FS3 now. Once you marry, you disqualify yourself under FS1.
Answered on Jun 03rd, 2013 at 5:34 PM