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Posted (edited)

So after 2 decades my deceased father's petition for us his children for US immigration got approved and we got really excited. But according to my research I can only take children under 21 with me as derivative beneficiary. Is there a way to take my unmarried child

which is 23 years old with me to the US? Thanks!

Edited by iflysolo
Posted
4 minutes ago, iflysolo said:

So after 2 decades my deceased father's petition for us his children for US immigration got approved and we got really excited. But according to my research I can only take children under 21 with me as derivative beneficiary. Is there a way to take my unmarried child

which is 23 years old with me to the US? Thanks!

  • As your father was deceased, the application may get rejected. However, as I understand, USCIS may provide an option for humanitarian reason but there are additional docs required (this happened to one of the families I know when petitioner was deceased before the beneficiaries' visa got issued).
    • Could you confirm if US Government is still okay with your father being deceased?
  • 23 years old may have not been aged out yet with the CSPA age adjustment. To be sure, the following info is needed
    • Priory Date (PD)
    • Petition approved Date
    • Date when PD became current
    • Date DS-260 got submitted
  • In case your child was, in fact, aged out - you must file the petition when you get admitted to US and receive physical Green Card in your hand (I do not think the temporary stamp on Visa can be used for petition).
Filed: K-1 Visa Country: Wales
Timeline
Posted

Deceased father?

 

That could be an issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

Deceased sponsor?  That might not be an active petition now.

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Posted (edited)
15 minutes ago, Boiler said:

Deceased father?

 

That could be an issue.

 

12 minutes ago, missileman said:

Deceased sponsor?  That might not be an active petition now.

I agree, this is an issue.  However, there may be tiny chance.

 

My friend's grandfather petitioned for his son's family and he was decreased right after the petition got approved.  USCIS sent the son a list of docs that he would need to submit to continue process with the deceased petitioner, docs include finding relatives who could submit I-864 to act as sponsor in place of the grandfather.  I partially helped them with the paperwork.  We were unsure if this was done as favor from US Government for the grandfather's long service for the US Government during Vietnam-US War. 

 

 

Edited by nguoivietnam2019
Filed: Other Country: Philippines
Timeline
Posted
5 minutes ago, nguoivietnam2019 said:

 

I agree, this is an issue.  However, there may be tiny chance.

 

My friend's grandfather petitioned for his son's family and he was decreased right after the petition got approved.  USCIS sent the son a list of docs that he would need to submit to continue process with the deceased petitioner, docs include finding relatives who could submit I-864 to act as sponsor in place of the grandfather.  I partially helped them with the paperwork.  We were unsure if this was done as favor from US Government for the grandfather's long service for the US Government during Vietnam-US War. 

 

 

Exactly :thumbs:        

 

 

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Posted
19 minutes ago, nguoivietnam2019 said:
  • As your father was deceased, the application may get rejected. However, as I understand, USCIS may provide an option for humanitarian reason but there are additional docs required (this happened to one of the families I know when petitioner was deceased before the beneficiaries' visa got issued).
    • Could you confirm if US Government is still okay with your father being deceased?
  • 23 years old may have not been aged out yet with the CSPA age adjustment. To be sure, the following info is needed
    • Priory Date (PD)
    • Petition approved Date
    • Date when PD became current
    • Date DS-260 got submitted
  • In case your child was, in fact, aged out - you must file the petition when you get admitted to US and receive physical Green Card in your hand (I do not think the temporary stamp on Visa can be used for petition).

My deceased father is a non-issue and a relative agreed to shoulder all our expenses. 

 

By CSPA age adjustment, does it mean age of my children when the petition was filed? I'd like to think there's a tiny chance we can both immigrate to US together at the same time because it can take years for a separate application for my child to get approved. 

Posted
9 minutes ago, nguoivietnam2019 said:

 

I agree, this is an issue.  However, there may be tiny chance.

 

My friend's grandfather petitioned for his son's family and he was decreased right after the petition got approved.  USCIS sent the son a list of docs that he would need to submit to continue process with the deceased petitioner, docs include finding relatives who could submit I-864 to act as sponsor in place of the grandfather.  I partially helped them with the paperwork.  We were unsure if this was done as favor from US Government for the grandfather's long service for the US Government during Vietnam-US War. 

 

 

I'm a war veteran as well and I am already told the deceased sponsor shouldn't be an issue. I just really want to take my child with me when I immigrate but his age could be an issue. 

Posted
1 minute ago, iflysolo said:

My deceased father is a non-issue and a relative agreed to shoulder all our expenses. 

 

By CSPA age adjustment, does it mean age of my children when the petition was filed? I'd like to think there's a tiny chance we can both immigrate to US together at the same time because it can take years for a separate application for my child to get approved. 

1. Even if your relatives are okay.  You will need to make sure UCSIS allows it in written. If the petition just got approved, they may not get notified/realized that your father passed away.

2. CSPA age is a simple calculation but as I listed above - these are needed for that simple calculation.

Posted
9 minutes ago, nguoivietnam2019 said:

1. Even if your relatives are okay.  You will need to make sure UCSIS allows it in written. If the petition just got approved, they may not get notified/realized that your father passed away.

2. CSPA age is a simple calculation but as I listed above - these are needed for that simple calculation.

Thank you for the information. I think the best way to know if all is still good is to talk with an immigration lawyer. I will update this once I get clear answers to help people stuck in this situation as well. 

Posted
56 minutes ago, iflysolo said:

So after 2 decades my deceased father's petition for us his children for US immigration got approved and we got really excited.

Were they informed of your father's death when it happened? If not, then they are approving this application without that information and it could cause you problems.

IR-1/CR-1
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GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
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FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
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FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
Filed: K-1 Visa Country: Wales
Timeline
Posted

Sounds like the death of the Petitioner is not known.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
11 minutes ago, iflysolo said:

Thank you for the information. I think the best way to know if all is still good is to talk with an immigration lawyer. I will update this once I get clear answers to help people stuck in this situation as well. 

I hope the luck is on your side. Probably you and your relatives know this: your relative(s) cannot act as the petitioner and do the paperwork for NVC stage until USCIS gives written instruction/permission. This written doc will be very much attached to everything. Otherwise, it will cause willful misrepresentation, resulting in permanent ban on your side and trouble on your relatives'.

Edited by nguoivietnam2019
Posted
52 minutes ago, nguoivietnam2019 said:
  • you must file the petition when you get admitted to US and receive physical Green Card in your hand (I do not think the temporary stamp on Visa can be used for petition).

Incorrect. Status is status regardless of whether a plastic card is issued yet. A petition can be filed as soon as you are stamped for entry, she can do it while she’s waiting for the baggage to come off the plane :)

Posted
6 minutes ago, nguoivietnam2019 said:

I hope the luck is on your side. Probably you and your relatives know this: your relative(s) cannot act as the petitioner and do the paperwork for NVC stage until USCIS gives written instruction/permission. This written doc will be very much attached to everything. Otherwise, it will cause willful misrepresentation, resulting in permanent ban on your side and trouble on your relatives'.

Thanks I will take note of that

1 minute ago, SusieQQQ said:

Incorrect. Status is status regardless of whether a plastic card is issued yet. A petition can be filed as soon as you are stamped for entry, she can do it while she’s waiting for the baggage to come off the plane :)

Thank you for the clarification

 
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