DACA to AOS - Page 22

@ Venus: Never mind about the priority date, I see your application is a marriage based application

Yeah I don't need to wait for a priority date based on marriage to a US Citizen

I hear the processing times are fast in California usually 3-6 months but I dont know how true that is

@Venus: That's great! Hoping you get the interview scheduled soon.

@CapitolDreamer: There are so many variables when it comes to getting an interview scheduled. But I'd say within 6 months seems reasonable. I waited 9 months for my interview to be scheduled, although I was also waiting for my priority date to become current.

@Dreamer921 How long ago did you submit your i-130? Is that your AOS date on your signature?

I'm kinda wondering because I've applied for my AOS through my father but in the permanent resident category and my priority date is in 2012. Since then, my father will be eligible to become a citizen soon and I'm wondering if it will be a good idea or not to change my category once he is. I'm kind of confused by the F1 category and the priority dates since I've always been an F2B.

Very good question! So I am in a similar situation. My father petitioned me on Dec 2009 (I-130) as a permanent resident (F2B) and then after became a US Citizen. What happens is that your petition automatically becomes F1! However, F2B has been processing visa applications earlier than F1. So what you can do, which is what I did, is write a letter to USCIS along with your AOS requesting to "Opt-Out" of the automatic transfer to F1. They should call upon the CSPA "Opt-Out" clause. You can look it up on the USCIS website as well. Basically you can only win. If the F1 priority date becomes current first, then you are all set after your dad becomes a U.S. citizen. If your dad becomes a US. citizen but the F2B date becomes current first, then "Opt-Out" to remain F2B. Hope that helps.

It helps tremendously, I had no idea it was automatic! And that's exactly why I asked, the priority dates for the F2B right now are sooner than the F1.
How long did it take you to get word about the results of your letter to them? Sorry for so many questions, we are doing this without a lawyer, so any info can help. Thanks a lot!

Well USCIS will not send a formal reply. What I know is that if you submit an application and the see that your priority date is not current then they will not accept the application and will send it back to you. However, when I submitted the application along with the formal request to "opt-out" they accepted the application just fine and the receipt notice had F2B on it. So basically its being processed normally.

Yes, the conversion from F2B to F1 is automatic. Sorry for the question, but if your priority date is from 2012, why are you submitting the AOS application now? Visas are available up to Feb 2010.

@ Turmalina: If you wish to private message me, feel free to do so

Oh no I'm not submitting it yet, I know I've got about 2 1/2 years to wait still (hopefully less if someone decides to do what they did with the F2A category last year). I asked you because my dad will probably apply for citizenship either near the end of the year or beginning of next year and I would need to know how that affects my whole case.