When changing from F3 to F1, does it affect the children status?

[ANNA31084 0]

Hi everyone,

I have a few questions that I would like to address it here and hopefully someone could help me answer my questions. My my dad had filed an I130 for my sister and her family back in June 10, 2004 and it got approved for F3 in November 8, 2005. My sister has recently divorced and updated her status to the NVC and they changed her status from F3 to F1. We are currently at the paying fee step. We had paid the Affidavit of Support Fee already and now we just need to pay for the IV Application Processing fee. For the past 2-3 months, we have been trying to pay the IV application processing fee but we couldn't. Finally we just got an email today with the Immigrant Visa Fee Invoice for my sister only.

1) How come there are no invoice for her kids?

2) It said in the paper that "Children who pass 21 years of age after the petition was originally approved by the USCIS become ineligible to accompany or join the applicant immigrating to the United States under the original petition."

My niece was born in1988 and my nephew was born in 1991 so they both passed 21 yr of age now. Does this mean that the kids aren't eligible to go with my sister?

I had seen at least three family just recently came to the US with kids that are over the age of 21. Does anyone have any experience in this, if so please show us how to file and submit this visa application form.

[milimelo 4,193]

Kids aren't eligible once they pass 21. Max you could take off is the time it took for USCIS to approve the petition. If the 17 months don't bring their age down to 21 or under, you're out of luck.

[Phillip Kazuto 28]

Hi welcome to the forum.

As far as i know base on what you wrote , the petition was approved before they turn 21 which mean that their ages have frozen out hence they are still eligible to be your sister's derivatives. Don't worry about that as CSPA protect them.

The CSPA can protect the child derivative beneficiaries of other family-based visa petitions, making sure that they can still be included in their parents’ applications when they would have “aged out” in the past. For example, if you are a U.S. citizen, you can petition using Form I-130 for a green card for your unmarried or married sons and daughters and for your siblings. In these petitions, derivative beneficiaries may also be included (namely, your grandchild, niece, or nephew).

Edited December 3, 2014 by Phillip Wu

[Hypnos 6,576]

Both of the children have aged-out, and won't be able to immigrate on that petition.

As far as i know base on what you wrote , the petition was approved before they turn 21 which mean that their ages have frozen out hence they are still eligible to be your sister's derivatives. Don't worry about that as CSPA protect them.

Wrong. This only applies to immediate relative petitions, not family preference. There is a formula to help with family preference cases under CSPA, but it only allows the time a petition was pending to be subtracted from the biological age of derivatives. Even accounting for this, they have still aged-out.

[aleful 1,905]

hi

correct, I have never seen any derivatives past 23 or 24 get a GC, over that age, the CSPA calculator gives them an age over 21

niece has definitely aged out, the nephew can use the calculator and maybe fight the age

[StepMedina 7]

The last word or desition about the case has the CO the day of the interview... I read some months ago one derivatives with 27 and got the GC with his dad..

[Hypnos 6,576]

COs have to follow the law, the same as everyone else.

[Penguin_ie 5,985]

****** Moving from Bringing Family of greencard holders to Bringing Family of USC ******

The last word or desition about the case has the CO the day of the interview... I read some months ago one derivatives with 27 and got the GC with his dad..

That is incorrect- the CO has policies to follow that cannot be changed. It all depends on the age of filing/ CSPOA. If a case was approved quickly, then a 27 can still get a greencard. If it got stuck in the waitlist BEFORE approval, then no greencard.

[ANNA31084 0]

Thank you all for your responses, much appreciated. My dad, the petition is actually a US citizen, not a green card holder when he filed for my sister and her family. Not sure if that information gonna change anything. I actually heard a couple of my parent's friend and my friend's family just recently came to the US with kids over the age of 21. However their situation are different than my sister. They were approved F3 and came over with F3.

1) My sister situation is a little bit more complicated and I was wondering should I hire an attorney for her case? Please let me know what are your thought about it and will the lawyer help with anything. My sister changed her status from F3 to F1 once she found out that her husband was unfaithful to her.

Also her daughter was born in 1988 and single when they got approved for F3. She got married 4-5 years ago and has a 4 years old kid. She also got divorced 2-3 year ago and the dad has full custody of the child.

2)So is my she, my niece considered single? Will the CSPA protect her if she wanted to come to the US with her mom and her younger brother since their names were listed in the file that got approved for F3?

My sister son was born in 1991 and still single, I shouldn't have to worry about his situation right?

3) When file a IV application for my sister, should I add her children name in the application disregard whether they can come with my sister or not?

I heard this way will cut down the time of waiting in the future when my sister file the Visa for her kids that aren't able to come with her at this time. Is this truth or not?

Once again thank you so much everyone!

Anna

[dnp2014 44]

Thank you all for your responses, much appreciated. My dad, the petition is actually a US citizen, not a green card holder when he filed for my sister and her family. Not sure if that information gonna change anything. I actually heard a couple of my parent's friend and my friend's family just recently came to the US with kids over the age of 21. However their situation are different than my sister. They were approved F3 and came over with F3.

1) My sister situation is a little bit more complicated and I was wondering should I hire an attorney for her case? Please let me know what are your thought about it and will the lawyer help with anything. My sister changed her status from F3 to F1 once she found out that her husband was unfaithful to her. Also her daughter was born in 1988 and single when they got approved for F3. She got married 4-5 years ago and has a 4 years old kid. She also got divorced 2-3 year ago and the dad has full custody of the child.

Your sister can immigrate with F1 Visa

Edited December 3, 2014 by dnp2014

[dnp2014 44]

2)So is my she, my niece considered single? Will the CSPA protect her if she wanted to come to the US with her mom and her younger brother since their names were listed in the file that got approved for F3? My sister son was born in 1991 and still single, I shouldn't have to worry about his situation right?

You can use CSPA calculator (google it) to find out about your niece and nephew ...