How Categories Change When Family Circumstances Change: Marriage, Divorce, Turning 21, the Petitioner's Naturalization, and the F2B Option to Opt Out of Conversion

01

The Beneficiary Marries or Divorces

An approved petition for an unmarried son or daughter of a U.S. citizen (F1) converts to F3 (married sons and daughters) on the date the beneficiary marries; a petition for a child of a U.S. citizen in the immediate relative category likewise converts to F3 upon the child's marriage. In both cases, the original petition's filing date is retained as the priority date.

After an F3 beneficiary's marriage is legally terminated: if the beneficiary is 21 or older, the petition converts to F1; if the beneficiary is under 21, it converts to the immediate relative category. The priority date remains unchanged.

A permanent resident cannot petition for a married son or daughter, so an F2A/F2B beneficiary who marries loses the basis for that classification—this is because the F2 categories have no “married” option. The effect on an individual case is subject to official adjudication.

02

A Child of a U.S. Citizen Turns 21

An immediate relative petition filed by a U.S. citizen for a child under 21 converts to F1 on the beneficiary's 21st birthday, with the original filing date as the priority date. For whether the beneficiary may still qualify as an immediate relative because of a CSPA age freeze, see the article on CSPA: an immediate relative's CSPA age is frozen on the I-130 filing date.

03

The Petitioner Naturalizes

When a permanent resident petitioner naturalizes, the original petition automatically converts: an F2A spouse or child under 21 becomes an immediate relative; F2B (unmarried sons and daughters age 21 or older) converts to F1. The USCIS CSPA page explains that if an F2A child is under 21 when the parent naturalizes, the child's age is frozen on the naturalization date, and the child becomes an immediate relative.

04

F2B Beneficiaries May Elect in Writing Not to Convert to F1

Under 8 U.S.C. 1154(k), an F2B petition generally converts to F1 after the parent's naturalization, but the beneficiary may elect in writing not to convert and remain in F2B. USCIS recommends comparing the waiting times for the two categories using the Visa Bulletin for the current month. Whether this is advantageous depends on that month's bulletin and the country; this website makes no determination.