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Adjustment of Status from F3 to F1

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  • Adjustment of Status from F3 to F1

    Hi everyone. Please I need some advice. My elder sister is on the F3 family based visa. She got divorced 2months ago but is scared to apply for adjustment of status. Please will she be taken back to F1 visa category? Her priority date is 19th, May, 2009. If she is taken back, how long is the processing time since her PD is already current on F1? Thank y'all for your anticipated response. God bless!

  • #2
    Originally posted by obruks View Post
    Hi everyone. Please I need some advice. My elder sister is on the F3 family based visa. She got divorced 2months ago but is scared to apply for adjustment of status. Please will she be taken back to F1 visa category? Her priority date is 19th, May, 2009. If she is taken back, how long is the processing time since her PD is already current on F1? Thank y'all for your anticipated response. God bless!
    If she has divorced, then she is already in the F1 category, and she can file AOS any time by filing I-485 (assuming she was born somewhere besides Mexico or the Philippines), clearly specifying in the cover letter that her category should be upgraded from F3 to F1 because she has divorced, and attaching her final divorce order.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      If she has divorced, then she is already in the F1 category, and she can file AOS any time by filing I-485 (assuming she was born somewhere besides Mexico or the Philippines), clearly specifying in the cover letter that her category should be upgraded from F3 to F1 because she has divorced, and attaching her final divorce order.
      Thanks.

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