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pm5k

Documents for sibling petition - sibling's entire family records or just sibling?

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hi

 

no, that's all for the nvc stage

 

now the important thing is to demonstrate relationship between the petitioner and the beneficiary

 

the wait is 14 or more years, so depending on the ages of the children, they might or might not be able to come

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19 hours ago, aleful said:

hi

 

no, that's all for the nvc stage

 

now the important thing is to demonstrate relationship between the petitioner and the beneficiary

 

the wait is 14 or more years, so depending on the ages of the children, they might or might not be able to come

Doesn't CSPA cover children who are under 21 at the time when the petition is approved?

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2 hours ago, pm5k said:

Doesn't CSPA cover children who are under 21 at the time when the petition is approved?

As a primary beneficiary of a USC petitioner, the age would be frozen.

As a primary beneficiary of an LPR petitioner, the time the I-130 was pending is subtracted from their age. Edit: When the petition is approved isn't the age they consider...it's when the PD would become current under the sought category.

As a derivative beneficiary, such as the children here, they need to be under 21 still.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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https://www.uscis.gov/greencard/child-status-protection-act

 

For an Immediate Relative of a USC, CSPA age freezes when the I-130 is filed.

 

For a beneficiary in the family based category, CSPA age freezes when the Priority Date becomes current.  The time it takes to approve the I-130 is subtracted from the beneficiary's real age to determine the beneficiary's CSPA age. 

Edited by aaron2020

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Ages of the children are critical for an F4 petition which takes so long. For example, if the children are teenagers already there is a fair to good chance they will age out despite CSPA.  If they are towards the end of teen years almost certain they’d age out. Small children would probably be ok. How old are they?

 

bear in mind current F4 wait time has been around 13.5 years, but it tends to get longer every year, could well end up being around maybe 18 years if not longer for petitions filed now. 

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On 12/5/2018 at 7:42 AM, SusieQQQ said:

Ages of the children are critical for an F4 petition which takes so long. For example, if the children are teenagers already there is a fair to good chance they will age out despite CSPA.  If they are towards the end of teen years almost certain they’d age out. Small children would probably be ok. How old are they?

 

bear in mind current F4 wait time has been around 13.5 years, but it tends to get longer every year, could well end up being around maybe 18 years if not longer for petitions filed now. 

In this case, the kids are less than 10 years old, but one is 9 so 9+13.5 = 22.5, which is why I was wondering

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12 minutes ago, pm5k said:

In this case, the kids are less than 10 years old, but one is 9 so 9+13.5 = 22.5, which is why I was wondering

It’s not going to be 13.5 years going forward. So it’s also going to be critical for you to see how long uscis takes to approve the petition, because that time gets subtracted from their CSPA ages. Realistically, you are not going to know for many years whether or not they end up being eligible.

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