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sealleone

Family based migration

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My uncle filed for mum in 2005, petition was approved this month 2019 and the link to pay and continue with other processing is available. My name is on the list as a child of the principal applicant. I was 20 at the time. Now I am 34, married to a US citizen but have not filed for adjustment of status. I am currently a medical student in the US. Can some please tell me if have a chance of getting a green card going with the mum deal or filing based in marriage

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How did you enter the US?


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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15 minutes ago, sealleone said:

Is there a reference to that anywhere on the uscis website?

You are out based on both age and marital status

 

Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children.

 

A minor child is defined as both unmarried and under 21.  If a "child" marries before the age of 21 they are redefined as a son or daughter

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html


YMMV

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8 minutes ago, payxibka said:

You are out based on both age and marital status

 

Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children.

 

A minor child is defined as both unmarried and under 21.  If a "child" marries before the age of 21 they are redefined as a son or daughter

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

Thank you

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9 minutes ago, payxibka said:

You are out based on both age and marital status

 

Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children.

 

A minor child is defined as both unmarried and under 21.  If a "child" marries before the age of 21 they are redefined as a son or daughter

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

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28 minutes ago, sealleone said:

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

If you’ve overstayed your F1 visa that alone would make you ineligible to AOS via F4. 

 

The guidelines on who is eligible as a derivative are clearly stated in a number of places on the USCIS website; I understand it’s the responsibility of applicants to confirm they’re eligible before proceeding? (Btw did you or your petitioner inform USCIS you were married?)

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15 hours ago, sealleone said:

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

USCIS can't control your uncle applying right before you turned 21 (and likely to age out), or control you getting married (and then becoming ineligible as a result).

 

Thankfully, you still have another legal route to AOS.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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17 hours ago, sealleone said:

It sucks though, I wonder why they made the option to pay and continue with the process available for me, if it's all going up in smoke.

You were never ask to pay for anything.

 

Your uncle paid the I-130 fee for your mom.  That was the only fee.  

 

You were a 20 years old derivative beneficiary when the I-130 was filed.  There was no way that you weren't going to age out when you turn 21.  

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Just file AOS through your husband.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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