Looking for information on I-130 Child aging out.

[PhiLandShiR 18]

Hello everyone.

I am looking for information on when the clock stops and starts for a child under 21 as they approach their 21st birthday.

I know that when CSC stamps the I-130 as received, this creates the Priority Date and the clock stops ticking for both LPR and USC when they file an I-130.

My question is this: Does the clock start again for the LPR's child when CSC approves and forwards the I-130 to NVC or does it remain stopped until NVC says they are approved for a visa.

Note: I am not saying when NVC says there is a visa available, but only that all the paperwork is completed and correct.

I guess for that matter, does NVC even process any paperwork until a visa is available?

I am just trying to get the timeline down here.

When things start and when things stop...

Thanks!

-Phil

[apple21 953]

Once i-130 was received by USCIS:

The clock does not stop for the child of an LPR.

The clock freezes for the child of a US citizen.

[sunandmoon 450]

Once i-130 was received by USCIS:

The clock does not stop for the child of an LPR.

The clock freezes for the child of a US citizen.

USCIS CSPA http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

[PhiLandShiR 18]

So...

IF:

Preference Classification for Permanent Residence or Derivative

CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

AND:

the priority date is the date the I-130 is received at USCIS

THEN:

the best course of action is to generate RFE's until the priority date becomes current.

ELSE:

the child can age out.

Does that about cover it?

Thanks

-Phil

[sunandmoon 450]

So...

IF:

Preference Classification for Permanent Residence or Derivative

CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

AND:

the priority date is the date the I-130 is received at USCIS

THEN:

the best course of action is to generate RFE's until the priority date becomes current.

ELSE:

the child can age out.

Does that about cover it?

Thanks

-Phil

What do you mean by generate RFE's untril the priority date becomes current? if it's failing to submit required documentation with the petition, the USCIS could send an RFE for all the documentation that is missing. if you sent only some of the documentation requested in the RFE, the USCIS could resume adjudicating the petition based on what was submitted. it doesn't mean the USCIS would send another RFE for what you failed to submit with the original RFE.

[Asia 2,498]

the best course of action is to generate RFE's until the priority date becomes current.

If you fail to send all the documentation you were asked in RFE, you will get a denial and not another RFE.

[apple21 953]

If you fail to send all the documentation you were asked in RFE, you will get a denial and not another RFE.

Agree

[PhiLandShiR 18]

What do you mean by generate RFE's untril the priority date becomes current? if it's failing to submit required documentation with the petition, the USCIS could send an RFE for all the documentation that is missing. if you sent only some of the documentation requested in the RFE, the USCIS could resume adjudicating the petition based on what was submitted. it doesn't mean the USCIS would send another RFE for what you failed to submit with the original RFE.

This is correct. We would submit everything that is requested.

We are submitting the I-130 for my wife's sister. But we are having her mother do the submitting.

So, we 'forget' to submit a birth certificate with the I-130,We get a request for one. An RFE. So we send them the requested certificate. As with most birth certificates from the Philippines it will be blurry and hard to read. As was the case with the I-130 we submitted for mother-in-law, they wanted more. So we got a Baptismal from the church.

I would expect we can get 2 requests this way.

We can legally delay sending in the papers for up to one year, per request, with out penalty, as is outlined in the RFE papers.

With only these 2 requests, we can push the approval time out to the point we just may be able to get her priority date current before the I-130 is submitted to NVC.

Its the only chance we have of getting her sister here inside of 10 to 30 years... before she ages out.

-Phil

.

Edited July 22, 2013 by PhiLandShiR

[sunandmoon 450]

This is correct. We would submit everything that is requested.

We are submitting the I-130 for my wife's sister. But we are having her mother do the submitting.

So, we 'forget' to submit a birth certificate with the I-130,We get a request for one. An RFE. So we send them the requested certificate. As with most birth certificates from the Philippines it will be blurry and hard to read. As was the case with the I-130 we submitted for mother-in-law, they wanted more. So we got a Baptismal from the church.

I would expect we can get 2 requests this way.

We can legally delay sending in the papers for up to one year, per request, with out penalty, as is outlined in the RFE papers.

With only these 2 requests, we can push the approval time out to the point we just may be able to get her priority date current before the I-130 is submitted to NVC.

Its the only chance we have of getting her sister here inside of 10 to 30 years... before she ages out.

-Phil

.

how do you assume you have up to one year to respond to a RFE?

http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/change-timeframes-rfe.pdf

[Asia 2,498]

I would expect we can get 2 requests this way.

Do you really want to play with them that way?

Well, let's see...

They got to your documentations and see that something's missing. They sent RFE and put your papers away for 30 days.

After 30 days they check if you responded to their RFE.

- If you did, they check if you sent the right (and readable) documents and if you did, they proceed your application forward.

- If you did, they check if you sent the right (and readable) documents and if you didn't, they send another RFE. And put your papers away for 30 days.

After 30 days they check if you responded to their RFE.

- If you did, they check if you sent the right (and readable) documents and if you did, they proceed your application forward.

- If you did, they check if you sent the right (and readable) documents and if you didn't, they send another RFE. And put your papers away for 30 days

OR

- they check if you sent the right (and readable) documents and if you didn't, they deny your petition, since it seemed to them that you can't comprehend what's needed to proceed this petition. And they don't have time to waste and come back to your petition over and over again.

Edited July 22, 2013 by Asia

[Asia 2,498]

Tho IMO you won't get the second RFE at all, if you don't respond the right way (like: sending them the right documents) with the first one.

[PhiLandShiR 18]

how do you assume you have up to one year to respond to a RFE?

http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/change-timeframes-rfe.pdf

Because every RFE I have received so far says I need to respond back within one year.

-Phil

[PhiLandShiR 18]

If we can't get her here within 3 to 5 years its pointless to continue. She is not going to place her life on hold for the next 27 years. Or even 10 years. If they get picky about it and want to ban her, so be it. It won't matter as she would not be coming over anyway.

We do plan to submit every document that is requested. Its not up to me to decide if any specific document is readable.

Case in point, my wifes birth cert was perfectly readable, to me. But we got an RFE on it anyway and had to send her mother off to dig through old church records to find a copy of her batptismal that supported what her bitrh cert said and submit that.

-phil

Do you really want to play with them that way?

Well, let's see...

They got to your documentations and see that something's missing. They sent RFE and put your papers away for 30 days.

After 30 days they check if you responded to their RFE.

- If you did, they check if you sent the right (and readable) documents and if you did, they proceed your application forward.

- If you did, they check if you sent the right (and readable) documents and if you didn't, they send another RFE. And put your papers away for 30 days.

After 30 days they check if you responded to their RFE.

- If you did, they check if you sent the right (and readable) documents and if you did, they proceed your application forward.

- If you did, they check if you sent the right (and readable) documents and if you didn't, they send another RFE. And put your papers away for 30 days

OR

- they check if you sent the right (and readable) documents and if you didn't, they deny your petition, since it seemed to them that you can't comprehend what's needed to proceed this petition. And they don't have time to waste and come back to your petition over and over again.

[aaron2020 11,651]

If we can't get her here within 3 to 5 years its pointless to continue. She is not going to place her life on hold for the next 27 years. Or even 10 years. If they get picky about it and want to ban her, so be it. It won't matter as she would not be coming over anyway.

We do plan to submit every document that is requested. Its not up to me to decide if any specific document is readable.

Case in point, my wifes birth cert was perfectly readable, to me. But we got an RFE on it anyway and had to send her mother off to dig through old church records to find a copy of her batptismal that supported what her bitrh cert said and submit that.

-phil

This is not a dig at you. Your intentions to do this is clear.

I just want to warn others that this is a dangerous game for someone who actually wants to come here.

Instead of a 2nd RFE, USCIS could deny and close the case. In this case, the entire processing time is wasted.

For clarity, who is the petitioner and what's his/her status?

Edited July 22, 2013 by aaron2020

[PhiLandShiR 18]

This is not a dig at you. Your intentions to do this is clear.

I just want to warn others that this is a dangerous game for someone who actually wants to come here.

Instead of a 2nd RFE, USCIS could deny and close the case. In this case, the entire processing time is wasted.

For clarity, who is the petitioner and what's his/her status?

I understand the possible problems. Mother-in-law will apply for her under 21 daughter. Daughter will turn 21 next July. The only way to get her here js to avoid ageing her out. I would love to have another way but can't think of any. Got any ideas?

She does want to come here but not if it takes 10 to 30 years. And I don't blame her.

LPR can apply for underage kids and processing time is about 2.5 years.

I just don't see any other way...

I do not want to do anything against the law. Just play the game to my advantage.