Need help with RFE for F2A (children under 21)

[sonduyenanh 0]

Hi everyone,

I'm currently permanent resident (living most of the time outside the US) and trying to sponsor for my daughter (born in 1997), who has been staying in the US since 2012 as F1 status (international student). The PD is on 04/11/2016. I have some questions and hopefully everyone can help me out.

1. I heard the processing for children under 21 and currently live legally in the US will be faster, if so how long does it usually take?

2. What is the percentage USCIS will request me to come back U.S for the interview with my daughter?

3. I check Visa Bulletin website every month to keep track the available day for applying visa. However, I'm confusing between A. Final action dates for family-sponsored preference cases (15NOV14) and B. Dates for filling family-sponsored visa applications (22NOV15). Which date should I follow at this time?

4. Last one and the most important one. I actually received the letter from USCIS yesterday regarding Request For Evidence (Legitimation For The Beneficiary). And I think we are under Bona Fide Relationship Prior to 21 Years or Marriage, with the list of possible evidences. I believe this is neither a bad news, nor a good news. What to expect next after we submit all the evidences? and what is the time frame after it?

Thank so much.

[JFH 12,189]

Can't help with much except to say, how can you be a permanent resident if you are out of the country most of the time? The whole point of green cards for family members is for family reunification. How can there be a reunification if you are not there?

[sonduyenanh 0]

@JFH.

Thanks for the response. I became permanent resident few months ago through my son ( a US citizen). I'm not planning to stay in US because I still have business back in my country. I'm getting GC in order to sponsor my daughter (the fastest way in her case). You are not required to stay all the time in the US to maintain your GC status. I'm going back and forward to keep my status while sponsoring my daughter.

[aleful 1,905]

hi

you are wrong, you have to live most of the time here, keep doing that and they will take away your GC, plus the reason to file for a family member is for family reunification, so if you don't live here, there is no family reunification to begin with

the GC is to live in the US

for children under 21, the process takes around a year and a half

[Gakkykiba 3]

GC is for people who have the 'intent' to live in the US not solely for the purpose of giving visas to family members. If you don't keep strong ties in the US, they will take your GC away.

It seems like you have been petitioned for the purpose of getting a faster method for your daughter to get a GC. You have to be living in the US to make it work.

Edited August 23, 2016 by Gakkykiba

[sonduyenanh 0]

Thank you all for the info

I want to sponsor my daughter so she can receive the equal benefits with permanent resident. I could not find any details about "family reunification" reason under USCIS site (plus my daughter is currently living in the US under F1 status). However, to maintain my GC I have found this info from USCIS site:

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. "

With that being said, I plan to go back and forward to keep my GC status active and plus I still have business to run back in my country.

[aleful 1,905]

hi

another way of loosing your GC is not living here, you have to live here more than you live abroad, the officers at customs can deem that you don't reside and work here, you don't live in the US, and if you don't live here, you can't file for anybody and you even may loose your own GC

you can't abandon residency in the US or you will loose your GC in the long run

temporarily means you live here more than you are out of the country, for a short period of time per year

you are bringing your daughter to live here with you in the US

[Boiler 43,668]

Thank you all for the info

I want to sponsor my daughter so she can receive the equal benefits with permanent resident. I could not find any details about "family reunification" reason under USCIS site (plus my daughter is currently living in the US under F1 status). However, to maintain my GC I have found this info from USCIS site:

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. "

With that being said, I plan to go back and forward to keep my GC status active and plus I still have business to run back in my country.

Says it there

[Gakkykiba 3]

Thank you all for the info

I want to sponsor my daughter so she can receive the equal benefits with permanent resident. I could not find any details about "family reunification" reason under USCIS site (plus my daughter is currently living in the US under F1 status). However, to maintain my GC I have found this info from USCIS site:

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. _{If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status = (Hence, losing your GC / LPR status)}. A general guide used is whether you have been absent from the United States for more than a year. "

With that being said, I plan to go back and forward to keep my GC status active and plus I still have business to run back in my country.

[JFH 12,189]

Thank you all for the info

I want to sponsor my daughter so she can receive the equal benefits with permanent resident. I could not find any details about "family reunification" reason under USCIS site (plus my daughter is currently living in the US under F1 status). However, to maintain my GC I have found this info from USCIS site:

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. "

With that being said, I plan to go back and forward to keep my GC status active and plus I still have business to run back in my country.

Interesting that you highlighted the bit about being away for a year but not the "temporary and brief travel". The one-year deal is for a one-off event (I have seen cases where this has happened because the mother in the home country was given a terminal prognosis, for example). It's not to be done regularly. It's for once-in-a-lifetime situations, such as the death of your parent. It's not to maintain a business in another part of the world. You already admitted in your opening post that you spend more time out than in. You are at risk of losing your green card.

[sonduyenanh 0]

I'm appreciated all the opinions from everyone <3 and I do agree with all of u that I'm may loosing my GC if keeping doing that. However, again my main purpose is helping my daughter to get her GC. I heard the processing is about a year or so and after that I can just drop off my GC status.

p.s: It would be awesome if anyone can help me with my early questions from the original post

Thank you.

[Unlockable 7,306]

How are you going to help your daughter if you end up losing your GC?

[sonduyenanh 0]

How are you going to help your daughter if you end up losing your GC?

Hi NuestraUnion,

I assume the process is about a year or a year and a half because she is currently living in the US legally (let me know if i'm wrong). And so I hope I won't loose my GC status since then. After everything is done with my daughter process, I just abandon the GC status.

[kris&me 572]

After you will abondon your green card? u r fooling with the system and actually have green card with no intent to stay / i believe that itself is fraud

Since we are all in favor of those who honestly want to come and be part of our society, i don't understnd why you want to take these chances / could result in permanent ban for you and possible ban for your daughter

[jan22 2,907]

To answer your original question -- you are wrong. The time is not shorter for someone already in the US, as your daughter cannot apply to adjust her status until the her Priority Date (PD) is current. Right now, they are processing cases with a PD of Nov. 15, 2014. There is a relatively-new USCIS that allows a beneficiary to start filing the paperwork to adjust status a year-or-so before the PD will become current, but like visa issuance, the adjustment cannot be approved until the PD is cuttent.

The process from petition filing to visa issuance/adjustment of status approval is at least two years -- and there is no guarantee that won't increase. You are skirting the law with your plan -- getting caught will likely mean you will have trouble entering the US in the future and your daughter will not be able to immigrate.