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> Help pls ! LPR applied for unmarried son
aaron2020
post Nov 3 2009, 12:03 PM
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QUOTE (Laur1111 @ Nov 3 2009, 04:09 AM) *
Thank you guys, I didnt know about that new law, however ,first, I think that the petition is still valid, not revoked, as it appears on USCIS site , but also I dont know if this law is retroactive, i dont think so...But still, i think that my petition is still going, they never told me that was revoked, plus after i received the choice of agent letter and I've updated my status from unmarried son of LPR to married with children, they asked me to send to them all the certificates of wife and and all, so they can operate also wife and children....
Too bad for me that my siblings dont have "time and nerve" to support me....
And Aaron mate, yes , its very hard to wait 1 more year, since I've been waiting from 1996.....
14 YEARS !!!!!! Next year I'll be 43 yrs, half of my life gone (2/3 maybe) and will be hard also. I'm thinking now at my kids, for me its almost useless....


The petition filed by your Dad was automatically revoked upon his death. The reason that it still appears on the USCIS site and you have not been notified that is was revoked is because you have not written them to tell them your father is dead. You may have told them over the phone but that is meaningless because written communication is more reliable than oral communication (easier to have a written record than an oral one).
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Jamaican JNR
post Nov 3 2009, 12:17 PM
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QUOTE (Laur1111 @ Oct 7 2009, 12:12 PM) *
Hello all,
I have a question,my father applied for me as an LPR for unmarried son,in 1997, meanwhile i got married and 2 sons.
They approved me in 2006,but i've told them that my status changed. Also my father died. I am confused, although I was expecting that my apllication to be revoked, they keep telling me to send them copies after marriage certificate and children birth certificate...They sent back to USCIS the application and when I check online the status they say - post decision activity- quote On January 17, 1997, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283
WHat does that means ??? Why they dont say application revoked or so? wacko.gif
Thanks
PS - I have other application from my sister, as a brother of US citizen, but i will post that question on the other subforum

Very interesting. You said that your father was LPR when he filed for you, and subsequently who got married. The last time I checked, only USC can petition for married children; therefore, the day you got married, your case was revoked. You can do any of the following. Inform NVC as to your status (Married) and also that your dad is now deceased. You also mentioned that your sister is filing for you. I would concentrate only on the current sister's petition.


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aaron2020
post Nov 3 2009, 12:32 PM
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QUOTE (Jamaican JNR @ Nov 3 2009, 01:17 PM) *
QUOTE (Laur1111 @ Oct 7 2009, 12:12 PM) *
Hello all,
I have a question,my father applied for me as an LPR for unmarried son,in 1997, meanwhile i got married and 2 sons.
They approved me in 2006,but i've told them that my status changed. Also my father died. I am confused, although I was expecting that my apllication to be revoked, they keep telling me to send them copies after marriage certificate and children birth certificate...They sent back to USCIS the application and when I check online the status they say - post decision activity- quote On January 17, 1997, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283
WHat does that means ??? Why they dont say application revoked or so? wacko.gif
Thanks
PS - I have other application from my sister, as a brother of US citizen, but i will post that question on the other subforum

Very interesting. You said that your father was LPR when he filed for you, and subsequently who got married. The last time I checked, only USC can petition for married children; therefore, the day you got married, your case was revoked. You can do any of the following. Inform NVC as to your status (Married) and also that your dad is now deceased. You also mentioned that your sister is filing for you. I would concentrate only on the current sister's petition.


Right. Great point. An LPR cannot petition for a married child. So your marriage is another event that automatically revokes the petition. The reason USCIS has not informed you of the revocation is probably because you have not written them to inform them that you are married. It is the petitioner and beneficiary's responsibility to notify USCIS and the NVC of changes that affect the petition. You and your dad probably never did so as far as USCIS and the NVC know, you are still single.

Do not rely on phone conversations with USCIS or the NVC. The operators often give out wrong information.
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Laur1111
post Nov 3 2009, 03:32 PM
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Hello again,
Thanks for your time guys who replied to me. What I want to say and I will try to quote the mail conversation with the NVC, is that the day they sent me the Choice of Agent mail, i've e-mailed them with the adjustment of status, informed them by e-mail that I'm married with children. They replied and told me that they cannot process spouse and children without sending them their documentation. I've sent them by email and by post mail the marriage certificate and the children birth certificates!!!! Now I dont recall if I told them also about my father death, I'll check that out.
That's why it's strange for me also and I can't understand what is going on.
Quote message sent:

Case No. BCH 1997xxxxxxxx
Petitioner : Parascanu, Neculai - Mai/1/ 1933
Beneficiary : Parascanu, Nicolae Laurentiu Dec/11/1967
My name : Parascanu, Nicolae Laurentiu

Dear Sir/Madam

Regarding the above case, I want to update my status, since I am married with two children.
I am sending to you attached scan copy of
- marriage certificate
- birth certificates of my two sons
- birth certificate of my wife

I will send also by mail copy of those documents to your office.
Please advise me of the future necessary steps to pursue the case.

Sincerely,
Laurentiu Parascanu

Quote message received:
Good day,

Your inquiry has been received at the National Visa Center (NVC).

The NVC is unable to process a spouse with this case as a derivative
beneficiary without proper documentation. Please send a copy of the
beneficiary's marriage certificate and a copy of the derivative spouse's
birth certificate so that we may properly process the petition. Please
submit the requested documents to the address below.

Then I received that case is now in USCIS (formerly INS) for post processing...
GOd knows whats that meaning!
Thanks all and good luck
Laur

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Laur1111
post Nov 9 2009, 09:24 AM
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[quote name='Laur1111' date='Nov 3 2009, 10:32 PM' post='3461440']
Hello again,
Thanks for your time guys who replied to me. What I want to say and I will try to quote the mail conversation with the NVC, is that the day they sent me the Choice of Agent mail, i've e-mailed them with the adjustment of status, informed them by e-mail that I'm married with children. They replied and told me that they cannot process spouse and children without sending them their documentation. I've sent them by email and by post mail the marriage certificate and the children birth certificates!!!! Now I dont recall if I told them also about my father death, I'll check that out.
That's why it's strange for me also and I can't understand what is going on.
Quote message sent:

Case No. BCH 1997xxxxxxxx
Petitioner : Parascanu, Neculai - Mai/1/ 1933
Beneficiary : Parascanu, Nicolae Laurentiu Dec/11/1967
My name : Parascanu, Nicolae Laurentiu

Dear Sir/Madam

Regarding the above case, I want to update my status, since I am married with two children.
I am sending to you attached scan copy of
- marriage certificate
- birth certificates of my two sons
- birth certificate of my wife

I will send also by mail copy of those documents to your office.
Please advise me of the future necessary steps to pursue the case.

Sincerely,
Laurentiu Parascanu

Quote message received:
Good day,

Your inquiry has been received at the National Visa Center (NVC).

The NVC is unable to process a spouse with this case as a derivative
beneficiary without proper documentation. Please send a copy of the
beneficiary's marriage certificate and a copy of the derivative spouse's
birth certificate so that we may properly process the petition. Please
submit the requested documents to the address below.

Then I received that case is now in USCIS (formerly INS) for post processing...
GOd knows whats that meaning!
Thanks all and good luck
Laur

Any more ideeas?
thanx
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