F4 to F2B. Please please Please guide

[shuaib]

What is the name of your state (only U.S. law)?
I would be grateful if someone can reply. My son is 29 years old but unmarried living in Pakistan. I am a green card holder living with my son in New York who is US citizen. My son in New York has applied for my son back there in Pakistan under F4 category in October 2010. Now I wish to apply for my unmarried son under F2B category. Will he still remain under F4 category as well if I do so? Can I apply for him? What if he gets married during the process? Will F2B cancel or Will it effect F4 also? Please guide

 

[Mass_Shyster]

What is the name of your state (only U.S. law)?
I would be grateful if someone can reply. My son is 29 years old but unmarried living in Pakistan. I am a green card holder living with my son in New York who is US citizen. My son in New York has applied for my son back there in Pakistan under F4 category in October 2010. Now I wish to apply for my unmarried son under F2B category. Will he still remain under F4 category as well if I do so? Can I apply for him? What if he gets married during the process? Will F2B cancel or Will it effect F4 also? Please guide

If you apply, both petitions will remain pending. (Pending is probably the wrong term, but my point is that there can be two petitions at the same time).

Your petition will not affect his priority under his brother's petition. He will remain F4 with his 2010 priority date, and will also have an F2 priority with a 2013 priority date based on your petition. (Check your paperwork for the actual priority dates - they are not the same as the petition date).

Good luck. Also, keep everyone up to date with addresses. USCIS will not notify NVC of your change of address, and NVC will happily shred your petition and tell you to re-petition after you've waited ten years.