You mother’s I-130 will likely change categories automatically based on changes to her status and yours (marital status). You need to look at the Visa Bulletin, a listing of available visas and categories published by the Department of State each month to see the waiting times for each type of visa. I am providing a link to the Visa Bulletin below.
In addition to this issue, there are typically other concerns (depending on your specific facts) with your type of case. I will list some of them below: 1) Are you complying with your status, working without authorization; 2) the US Government could raise concerns with your F2 entry if you failed to disclose your mother’s status in the US or that you were being sponsored by our mother; 3) What other options might you have based on your current spouse, employment or other facts that are unknown.
There is no substitute for meeting with an experienced immigration lawyer. Feel free to take advantage of our Free 30 Minute Consultation by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.