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Certainly he can try for an F-1 student visa, although he may need to show he has the funds to pay for it. Also, by being the beneficiary of an already-filed I-130 it may be difficult for him to overcome the presumption of immigrant intent.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (pnd) Country: Bahamas
Timeline

You can use the following calculator to see if he is eligible to retain classification as a minor under CSPA: http://lmgtfy.com/?q=cspa+calculator

The "Visa Bulletin Current Date" is the date (typically the first of that month) when his priority date became current. Since he is applying under the F2A Family Preference, since these are numerically-limited, he must wait in line for his priority date to become current before his application can proceed; clearly you've already reached that point since you've been communicating with the NVC.

Simpler: look at the I-130 receipt that was filed for the son. What is listed as the "Priority date"?

Hello Hypnos. I came across this forum and I believe Im in the same boat with mikkingo.

I applied a 1-130 petition for my daughter last April 23,2015.

USCIS received it next day April 24,2015.

so my PRIORITY DATE showing at my NOA1 is April 24th,2015

My daughter turned 21 last May 25th

A day after May 26th, they approved my petition. Was so happy not until I kept on reading other forums I came across of CSPA. I go over it and feel worried if it will affect my daughter.

NVC received my documents last June 4th.

Last Friday June 19th, I spoke with one nvc lady who sound like a drunk woman. Just asking me right away "WHAT DO YOU WANT"?

I was being polite and said Goodmorning to her and tell her my USCIS case number and asking her if my NVC case number is already available. She said, " WELL, I HAVE NOTHING TO BE OF HELP TO YOU, AS YOU CAN SEE WE ARE WORKING ON CASES FOR 2013, SO I BELIEVED YOU HAVE TO WAIT FOR YOUR CASE TO BE CURRENT." i was really surprised what was she talking about. I was just asking for my NVC case number and IIN and heared lots of blah blah.........

So I asked her do I have my case number? and she gave me my NVC number but not the IIN. I dont like to inquire further because she really sounds grumpy. I told myself I better wait for that WELCOME LETTER on July 9th, one nvc representative told me about when I called June 12th.

Where do I stand now? Do I have to wait much much much longer this time?

I dont know how CSPA works. Hope you can help me with the calculation.

Thank you. Hoping and praying my daughter will still be here soon.

USCIS

Dec. 6,2012 - PD
Dec. 7,2012 - noa1
Sept.6,2012 - Received email from USCIS, case transferred from NBC to Local Atlanta office.
- Scheduled hubby for INFO PASS dated Sept.26,2012

Sept.21,2012 - Hubby received a call from USCIS Lady doing a "PHONE INTERVIEW".
Sept.24,2012- Received Text & Email " CASE APPROVED"
Sept.26,2012- Hubby still went to his INFO PASS appointment to asked further assitance for the next stage.
Sept.28,2012- Received Noa2 Hard copy

NVC

Oct.22,2013 - NVC received file
Nov.5, 2013 - Received Case # and Invoice ID Number
Nov.6, 2013 - Received Email for AOS & FEE Bill
Nov.8, 2013 - AOS & IV payment status " IN PROCESS"
Nov.12,2013- AOS & IV payment status "PAID"
Nov.21,2013- DS-260 submitted
Dec.9,2013 - AOS & IV package sent
Dec.13,2013- False checklist received. Called NVC to confirm and they said just ignore it. Its like a confirmation
they received our documents.
Jan.14,2014 - Called NVC and heared our document was reviewed Jan.9 - and we got a checklist
on AOS & IV.

Jan.15,2014- Received official email checklist

Jan.15,2014- Responded to IV checklist in the afternoon. Sending my NBI CLEARANCE (again) Thru FedEx.

Jan 17,2014- NVC received FedEx document at 9:40a.m. signed by G.Peters

Jan 17,2014- Hubby took a half day off at work to dropped off personally to the lawyer's office, a checklist on his
AOS.

Jan.21,2014- IV checklist reviewed

Jan. 29,2014- AOS checklist reviewed

Feb. 20, 2014 - CASE COMPLETE

Feb. 27, 2014 - Received Official Email..Case Complete

Feb, 28, 2014 - Received P4

April 1, 2014 - INTERVIEW DATE 9:30a.m.

THE BAHAMAS - PORT OF ENTRY

APRIL 10,2014 "HOME SWEET HOME" with hubby

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Filed: F-2A Visa Country: India
Timeline

First of all La Isla bonita, why you did not file for your daughter as soon as you arrived in the USA in April 2014. You had better chance that time but you decide to apply year later. Your case is approved by USCIS but NVC is not going to process case because it is not current. Drunk Customer service(she can have cold after all she is human being) rep is right because you are almost 2 years to be current. You can not get case number or invoice number because Nov 2013 is being process. Your daughter will age out for sure but she has f2b option which will take 7 years. Even lawyers can not do much in this case.

11/27/2013 - Priority Date

04/01/2015 - I-130 Approved

04/21/2015 - NVC received Case

04/29/2015 - DS261 filled

05/02/2015 - Case under CSPA review

06/04/2015 - Supervisor review Initiated-Wait 42 days

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Filed: F-2A Visa Country: Canada
Timeline

Is there anything i can do to speed it up? What if i apply for my citizenship will that put him in a quicker category? Im elible thi august to apply for citizenship, this is so heart breaking he is literally 3 months months away from being current. This is a real slap in the face!

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Filed: F-2A Visa Country: India
Timeline

Is there anything i can do to speed it up? What if i apply for my citizenship will that put him in a quicker category? Im elible thi august to apply for citizenship, this is so heart breaking he is literally 3 months months away from being current. This is a real slap in the face!

I am not sure if citizenship will change much. When you become citizen(8 more months process), they will change f2a to f1 which has longer time(2004 current). The day you naturalized and your child is under 21, his age freezes under CSPA. if you are eligible to be citizen, why not applied for your child earlier? Changing F2A to IR after citizenship is very time consuming process and in your case time is short.

11/27/2013 - Priority Date

04/01/2015 - I-130 Approved

04/21/2015 - NVC received Case

04/29/2015 - DS261 filled

05/02/2015 - Case under CSPA review

06/04/2015 - Supervisor review Initiated-Wait 42 days

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Filed: F-2A Visa Country: Canada
Timeline

I am not sure if citizenship will change much. When you become citizen(8 more months process), they will change f2a to f1 which has longer time(2004 current). The day you naturalized and your child is under 21, his age freezes under CSPA. if you are eligible to be citizen, why not applied for your child earlier? Changing F2A to IR after citizenship is very time consuming process and in your case time is short.

i only come eligible for citizenship aug 2015. This just is so wrong,i dont know how citizens allow the usa immigration to treat families like this. Its very disappointing my son is so close! So will they still call him to embassy for interview since thats all we waiting for!
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Filed: Other Country: Canada
Timeline

i only come eligible for citizenship aug 2015. This just is so wrong,i dont know how citizens allow the usa immigration to treat families like this. Its very disappointing my son is so close! So will they still call him to embassy for interview since thats all we waiting for!

Well I can tell you that the general feeling is he's an adult now, he can find his own path to the USA independently. He's not your responsibility so there's no need to follow here other than for comfort. I wish you the best in this.

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Filed: F-2A Visa Country: Canada
Timeline

Well I can tell you that the general feeling is he's an adult now, he can find his own path to the USA independently. He's not your responsibility so there's no need to follow here other than for comfort. I wish you the best in this.

he will always be my son,and thanks, but i will follow for any reason i wish to. Good luck for you!
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