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| Letter recd from National Visa Center for spouse |
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Too bad. F2B and all her I-130 is gone after her marriage date. The FB thing is dead. If her case were FB1, or her petitioning parent got US citizenship before her wedding, the FB case would be alive and switch from FB2B/FB1 to FB3 which allows bringing derivatives (either accompanying or following to join). Her parent (the petitioning one) is not US citizen yet after so many years in LPR? If the parent became US citizen before her marriage date, you have two approved immigration petitions now. One is your EB2 with your EB2 PD, and the other is her FB3 with her FB3PD, either one when PD current can be the basis for I-485 approval. So just pick the one PD will become current first. After PD current, You both can file another I-485 based on that FB3 I-130, or you can link your current I-485 with that FB3 case. It is the same concept that if you file EB1 I-140 and get approved, your EB1 PD is current so you want to link your I-485 to the EB1 which has current PD. Same concept.
hey kansas1:
could you please explain "You and she can link the I-485 to either case when the PD for the respective EB/FB is current" i m not sure if i got this. thanks for your time. do u mean that once her PD is current from Apr or May 2001 under F2B (since her parents are not citizens as yet) I can link it to my EB2 filed in Aug 08. ?
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