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Filed: F-3 Visa Country: Brazil
Timeline
Posted

Hello there
I'm a little bit confused, so much information and I don't know if I'm getting everything straight
a) In may 2003 my mother in law became a permanent resident at the same time she submitted the I-130 for my wife(we were not married yet), she was 19 at that time so what category she was? F2a?
b) We got married 3 years ago and about 2 years ago a DS-230 arrived and it was filled with her details and also mine was included.

1- What exactly category she was submitted at that time(in 2003)?
2- If it was F2a the cut off was April 2008, so she was supposed to have her Permanent a long time correctly?
2- Because including me on the DS-230 could it change the category to F3, that's why it's taking longer, as the F3 cut-off still on sep 2002?
3- As the DS-230 was submitted, both of us can apply for a social security, or just her?

P.S.: As she was only 19, she should have just gotten the permanet residence as her brother did, who was 14, and got his permanent resident in a few months

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

When did your mother-in-law become a US citizen? Was she an LPR when you married her daughter?

In the family preference categories, age is determined on the day the Priority Date becomes current and not when the petition was filed. Even though your wife was 19 when her parent filed, she aged out into the F2b category. This is the reason why it was proper that she did not get a green card at the same time as her 14 years old brother who remained in the F2a caregory.

Edited by aaron2020
Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

1. Your wife was 19 when her parent filed in May 2003. This puts her in the F2a category originally.

2. The May 2003 Priorty Date in the F2a caregory became current in March 2008. By that time, you wife was 24. She had aged out when she turns 21 into the F2b caregory and CSPA did not help her. So, it was correct that she did not receive an immigrant visa when her brother who remained in the F2a category.

2. She would properly be in the F3 category if she married after her mother became a US citizen. You would be an eligible derivative beneficiary.

3. You need your own DS-230. Each intending immigrant needs his or her own DS-230. You are not included in your wife's DS-230.

By the way, who filled out the DS-230 with your and your wife's info? The US government does not send it out with your information.

Edited by aaron2020
Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi,

did you marry after your mother in law became a USC? if so, then she is in the F3 category, married child of a USC, you are her derivative but you need your own DS230.

the rest of the questions have already been answered.

  • 3 weeks later...
Filed: F-3 Visa Country: Brazil
Timeline
Posted

hi,

did you marry after your mother in law became a USC? if so, then she is in the F3 category, married child of a USC, you are her derivative but you need your own DS230.

the rest of the questions have already been answered.

1. Your wife was 19 when her parent filed in May 2003. This puts her in the F2a category originally.

2. The May 2003 Priorty Date in the F2a caregory became current in March 2008. By that time, you wife was 24. She had aged out when she turns 21 into the F2b caregory and CSPA did not help her. So, it was correct that she did not receive an immigrant visa when her brother who remained in the F2a category.

2. She would properly be in the F3 category if she married after her mother became a US citizen. You would be an eligible derivative beneficiary.

3. You need your own DS-230. Each intending immigrant needs his or her own DS-230. You are not included in your wife's DS-230.

By the way, who filled out the DS-230 with your and your wife's info? The US government does not send it out with your information.

When did your mother-in-law become a US citizen? Was she an LPR when you married her daughter?

In the family preference categories, age is determined on the day the Priority Date becomes current and not when the petition was filed. Even though your wife was 19 when her parent filed, she aged out into the F2b category. This is the reason why it was proper that she did not get a green card at the same time as her 14 years old brother who remained in the F2a caregory.

Yes, we got married in may 2010 and my mather-in-law came to our wedding using her US passport.

She became a LPR in 2003 and USC was around 2007/2008

A few months after our marriage, my wife received an envolepe with the DS-230 and as it says "Complete one copy of this form for yourself and each member of your family, regardless of age, who will immigrate with you" so my mother-in-law filled out the DS-230(online pdf) one copy for each of us and sent to NVC

  • 5 months later...
Filed: F-2A Visa Country: Philippines
Timeline
Posted

Yes, we got married in may 2010 and my mather-in-law came to our wedding using her US passport.

She became a LPR in 2003 and USC was around 2007/2008

A few months after our marriage, my wife received an envolepe with the DS-230 and as it says "Complete one copy of this form for yourself and each member of your family, regardless of age, who will immigrate with you" so my mother-in-law filled out the DS-230(online pdf) one copy for each of us and sent to NVC

hello same here my mom is under F1 category but i emailed NVC and told them that she is married to step dad now, i sent their marriage certificate and NVC replied "We received the derivative applicant spouse's marriage certificate and updated our records accordingly."

now her F1 is changed to F3

1. how can i tell the NVC that mom wants to use her married name... should i just email NVC to change it and attach IDs with her married name? she doesn't have passport yet..

2. so does it mean stepdad can fly right away with my mom to US? or does he need to wait for mom to get her GC to US?

well i wanted to know the instruction how he can fly with her,, and documents he needs to send to NVC processing and forms to fill out as a derivative..

hope for your replies,, thanks

 
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