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Argenis Garcia
Jul 24, 2023
reinstatement Humanitarian
Is it possible for USCIS to change the category of my immigrant visa from F3 (married son/daughter of U.S. citizen) to F4 (brother/sister of U.S. citizen) in the event that my original petitioner has passed away, and a petition for substitution of petitioner has been filed to continue the case?
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Fusion GoldJul 24, 2023
USCIS change category when petitioner is same but unfortunately in your case petitioner is different. Your bro/sis have to filed new petition for you
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Argenis GarciaJul 24, 2023
@Fusion Gold And start waiting all those years again?
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Fusion GoldJul 24, 2023
@Argenis Garcia yes..... new petition with new PD
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Argenis GarciaJul 24, 2023
@Fusion Gold In this case, USCIS reopened my case and it would continue with the same priority date. This is a humanitarian reinstatement. if everything was denied then it would be something all over again. I want to know if there would be a change of category
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Dahna B-rightful 🇯🇲 🇺🇸 ❤️ Jul 25, 2023
@Argenis Garcia As far as I have read, the category remains the same. It's just that the substitute sponsor is the one who will file the i-864 Affidavit of Support instead of the original petitioner.
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Argenis GarciaJul 26, 2023
yes. @Dahna B-rightful 🇯🇲 🇺🇸 ❤️ I think it is as you say. I'm asking because I'm not sure
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Argenis GarciaJul 26, 2023
@Dahna B-rightful 🇯🇲 🇺🇸 ❤️ @Fusion Gold I was talking to someone who went through the same process and had an interview in December of last year. And that person told me that the category remains the same and also the same priority date. She just confirmed it to me
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Dahna B-rightful 🇯🇲 🇺🇸 ❤️ Jul 26, 2023
@Argenis Garcia That's how it is! There was no doubt in my mind whatsoever! Thanks for confirming! Your mind will now be at ease! 🫂 🤗
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Argenis GarciaJul 26, 2023
@Dahna B-rightful 🇯🇲 🇺🇸 ❤️ now I feel calmer. I was very stressed thinking about it. thank you so much! how is your case going?
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Sahil PatelOct 4, 2023
@Argenis Garcia has your case finally moved ahead? last we spoke I remember your case was denied then a motion to reopen was filed. any updates since?
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Argenis GarciaOct 4, 2023
@Sahil Patel The only update I had 3 months ago was that my case was reopened and that the reaffirmation was sent to the state department(NVC). I'm waiting for NVC
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Sahil PatelOct 6, 2023
@Argenis Garcia so that means your request has been approved and your case is now in the process of being sent to NVC right?
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Argenis GarciaOct 6, 2023
@Sahil Patel yess
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Sahil PatelOct 6, 2023
@Argenis Garcia that’s great! our case is under active review. did you ever have a similar status? and idea how long that can take?
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Argenis GarciaOct 6, 2023
@Sahil Patel I haven't had that status yet. it just says case was reopened. but in the letter they sent it says that the reaffirmation was sent to NVC. I don't know how long it will take
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Sahil PatelOct 23, 2023
hi @Argenis Garcia , just wanted to check with you if you ever received this status during your HR request. and if yes, how long after that did they give decision. thanks
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Argenis GarciaOct 23, 2023
@Sahil Patel No I have never had that status before. can you share your timeline?
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Sahil PatelOct 23, 2023
sent HR request Sept 2022 no updates till Sept 2023 Lawyer asks ombudsman for assistance, then Oct 1st 2023 USCIS emails lawyer that case is under active review by an officer. then today we received this status: Department of State sent the case back to USCIS for review.
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Argenis GarciaOct 23, 2023
@Sahil Patel Well. You have to wait. In my case the department sent the case to USCIS to review. That lasted 2 years for me. It was denied and since I sent the Motion they reopened it 1 month after I sent the Motion
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Argenis GarciaOct 23, 2023
@Sahil Patel and receive reaffirmation. I'm just waiting for NVC
Syed HamzaApr 11, 2024
@Argenis Garcia i am also in same situation my petitioner passed away category F3 can you plz help me in such situation.. what to do..humanitarian reinstatement is required or on I864 form substitute sponsor is enough plz help me..thanks
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Argenis GarciaApr 11, 2024
I hired a lawyer for this situation, which is the most advisable. You have to send the application by mail with all the requirements that suit your case. It's not enough just to send I864 form substitute sponsor
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Argenis GarciaApr 11, 2024
@Syed Hamza
Syed HamzaApr 11, 2024
@Argenis Garcia your case was approved for humanitarian reinstatement?? how much time taken for whole process after sending mail to nvc ??
Syed HamzaApr 11, 2024
@Argenis Garcia plz share lawyer contact details so i can contact lawyer for further process Thanks
Syed HamzaApr 11, 2024
our priority date got current in this month in B chart visa bulletin we will get welcome letter in nxt month we can submit reinstatement mail after submission of fees or must be done right away??
Syed HamzaApr 11, 2024
@Argenis Garcia
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Argenis GarciaApr 11, 2024
yes my HR is approved. it took 3 years for whole process.
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Argenis GarciaApr 11, 2024
@Syed Hamza lawyer Carlos Sandoval
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Argenis GarciaApr 12, 2024
@Syed Hamza You should have done it right now. don’t wait any longer and start it. It doesn't make sense to pay money without having your case reinstated
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Argenis GarciaApr 12, 2024
@Syed Hamza How long has it been since your petitioner passed away?
Syed HamzaApr 12, 2024
4 months
Syed HamzaApr 12, 2024
@Argenis Garcia Thanks✨
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Argenis GarciaApr 12, 2024
@Syed Hamza no problem
Suleman KhanApr 14, 2024
@Argenis Garcia After uscis update the status to "case approval was reaffirmed and mailed back to department of state", which i am sure they did, how much time after that you received interview or visa issuance?
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Argenis GarciaApr 14, 2024
@Suleman Khan Send an inquiry to NVC to be sure and be sure to mention in the inquiry what USCIS tells you. You have to attach the proof of the reaffirmation and other documents that you have such as the passport of the deceased petitioner. My PD is still not current to receive an interview but it's barely before my instructions arrive
Suleman KhanApr 14, 2024
@Argenis Garcia Oh right, and yes I submitted my inquiry today to confirm if they have received my case. Moreover we had received welcome letter in 2019 and documentary qualified in 2020, interview done Jan 2024. And now Uscis have approved it. So just waiting for visa issuance now!
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Argenis GarciaApr 14, 2024
@Suleman Khan That's excellent! Just wait for them to answer you. I hope they get back to you soon.
Suleman KhanApr 14, 2024
@Argenis Garcia Yup hopefully🤞Best of Luck to you as well ❤️
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Argenis GarciaApr 14, 2024
@Suleman Khan thank you so much same to you ❤️
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ifti khanAug 4, 2025
Any updates
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Argenis GarciaAug 4, 2025
@ifti khan I got DQ in may 2025 and waiting for my interview letter
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ifti khanAug 6, 2025
your PD and category is F3???
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Argenis GarciaAug 6, 2025
@ifti khan 21july2011 F3

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