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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

183 points proberts | 1 comments | 17 Oct 24 16:01 UTC | HN request time: 0s | source

I'll be here for the few hours and then again at around 1 pm PST for another few hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers. Thanks!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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mindwork ◴[17 Oct 24 20:50 UTC] No.41873643[source]▶
Hi Peter,

Few months ago I've applied for F2A visa for my spouse from Russia. Official sources state processing times in California at 4 years plus. I am 2 years away from obtaining a citizenship in US by which I then can do K1.

Would you advice to convert F2A to K1 visa in the future? How do I do that? Is there a way to speed up the process at all?

replies(2): >>41873709 #>>41874021 #
1. junar ◴[17 Oct 24 21:31 UTC] No.41874021[source]▶
As Peter says, K1 is not a option for you because you're married. F2A will convert to immediate relative (either CR1 or IR1) once you become a US citizen.

CR1/IR1 is generally superior from the perspective of the immigrant spouse. However, CR1/IR1 does not allow derivatives, unlike F2A. If you have any children or stepchildren that don't have US citizenship or a green card, you will need to file a separate I-130 for them if you become a US citizen.