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blue_angel_29

2 i130, can 1 be denied and 1 approved?

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So, i have 2 i130 petitions for my step daughters, 17 and 11. Their mom will give the 17 her permission to immigrate here but won't give permission to the 11 year old. Will both i130 be denied visa or can one be approved(for the 17 year old with permission) then the other denied(11 y/o, mom won't give permission)?

 

If both get denied, how likely will it be that the 17 year old will get her visa if her 18th birthday is on September 2019?


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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hi

 

no, the permission isn't needed until the interview

 

everything will be approved until then. but if the mom won't give the 11 year old permission to leave the country, then it's not worth going through the process and paying all the forms

 

the 17 will probably turn 18 and not need permission to leave the country

 

 

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Both I-130s will be approve as long as the petitioner can show a relationship to the beneficiaries.

 

If the petitioner proceeds with the DS-260 visa applications, then the case for the 11 years old will be denied because the mother will not give her permission for the child to immigrate.

 

If you file now, it's unlikely that the case will be completed by September 2019.  

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35 minutes ago, aleful said:

hi

 

no, the permission isn't needed until the interview

 

everything will be approved until then. but if the mom won't give the 11 year old permission to leave the country, then it's not worth going through the process and paying all the forms

 

the 17 will probably turn 18 and not need permission to leave the country

 

 

So, if we continue, the 17 year old will be good to go. Thats our main concern for now is the 17 year old bit to age out. We still have some time to convince mom got the 11 year old, of maybe petition the 11 y/o when she's 17 too.. 

 

As long as the 17y/o will be able able to immigrate right now before aging out..

 

What is the best way to do this? Withdraw 11y/o and just go through with 17 to save money from 11y/o fees or just pay it and maybe mom will give in to give her permission?

 

 


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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38 minutes ago, aaron2020 said:

Both I-130s will be approve as long as the petitioner can show a relationship to the beneficiaries.

 

If the petitioner proceeds with the DS-260 visa applications, then the case for the 11 years old will be denied because the mother will not give her permission for the child to immigrate.

 

If you file now, it's unlikely that the case will be completed by September 2019.  

I filled may 2018. Expecting approval anytime now,  nsc

 

The embassy is in juarez mexico, looking at timelines, interview will be 7-8 months out. 17 year old will be 18, she should not be aged out by that time, right? Aging out is 21, right?


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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4 minutes ago, blue_angel_29 said:

So, if we continue, the 17 year old will be good to go. Thats our main concern for now is the 17 year old bit to age out. We still have some time to convince mom got the 11 year old, of maybe petition the 11 y/o when she's 17 too.. 

 

As long as the 17y/o will be able able to immigrate right now before aging out..

 

What is the best way to do this? Withdraw 11y/o and just go through with 17 to save money from 11y/o fees or just pay it and maybe mom will give in to give her permission?

 

 

There is no aging out.  CSPA locks in the age of an Immediate Relative of a USC when the petition is filed. 

 

In your case, age 18 means mom's permission to immigrate is not needed.

Furthermore, there is no aging out at 18.  In the family preference category, aging out is at 21.

Edited by aaron2020

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hi

 

exactly, she is still considered a minor until 21

 

it's a risk that you will have to take with the other child, it's understandable, she is young and she has to move here and ilve with you,

 

does the child want to? will she want to go back to live with her mom?

Edited by aleful

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3 minutes ago, aleful said:

hi

 

exactly, she is still considered a minor until 21

No.  She is not considered a "minor" until age 21.  A minor would need the non-immigrating parent's permission to immigrate.  An 18 years old is not a minor and would not need parental permission to immigrate.

Use the correct term.  She is considered an Immediate Relative of the USC petitioner because the I-130 was filed before her 21st birthday.  

Edited by aaron2020

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12 minutes ago, aleful said:

hi

 

exactly, she is still considered a minor until 21

 

it's a risk that you will have to take with the other child, it's understandable, she is young and she has to move here and ilve with you,

 

does the child want to? will she want to go back to live with her mom?

Yes. We talked to both kids, and they are excited to come here, live here and go to school here. The plan would be to go to Mexico during summer break for vacation but both are very eager to live here in the us with dad. (And hopefully, me too)


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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16 minutes ago, aaron2020 said:

No.  She is not considered a "minor" until age 21.  A minor would need the non-immigrating parent's permission to immigrate.  An 18 years old is not a minor and would not need parental permission to immigrate.

Use the correct term.  She is considered an Immediate Relative of the USC petitioner because the I-130 was filed before her 21st birthday.  

So, if mom changes her mind on the 17y/o permission, do we still need it if the interview takes place before the 18th birthday, if so, is that a possible reason to reschedule the interview for after the 18th birthday so for sure no permission needed?


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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1 minute ago, blue_angel_29 said:

So, if mom changes her mind on the 17y/o permission, do we still need it if the interview takes place before the 18th birthday, if so, is that a possible reason to reschedule the interview for after the 18th birthday so for sure no permission needed?

If she is a minor at the interview, then she would need mom's permission to immigrate.  After 18, she does not need her mom's permission.  You definately can delay her case until she's 18.

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5 minutes ago, aaron2020 said:

If she is a minor at the interview, then she would need mom's permission to immigrate.  After 18, she does not need her mom's permission.  You definately can delay her case until she's 18.

Delaying, like not paying the aos and iv fees, i have a year to delay like that, right?


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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So, delaying the petition, can we just also delay the 11y/o petition for 7 years?


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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As long as you’re in touch with NVC once every year they’ll keep the petition active in their system. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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