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Dean_De

I-130 for a child that will be aging out question

By Dean_De in Bringing Family Members of US Citizens to America

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Dean_De Rising Star

Dean_De   61

Posted
Filed: K-1 Visa Country: Philippines
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Hi Everyone!

 

We will be submitting the I-130 for our son ( my USC husbands stepson)this week and his 21st birthday is on August 26. 

 

Questions:  

 

         1.  Will this be a problem or will he be covered under the CSPA?

         2.  Do we need to do something after we send in the application? ( i.e call USCIS about him aging-out soon and et.al )

         3.  How is payment done for the I-130? Personal Check or cashiers check?

 

Thank you!

 

 

De

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

There is no “we” for an I-130....who exactly is providing the I-130? Are they a USC? If so, CSPA will cover them so long as they seek to acquire the visa within a year after I-130 approval.

 

CSPA is automatic, although sometimes NVC does not catch it and you have to ask for manual review. But this happens at NVC - after I-130 approval.

 

There is a section on the USCIS website for how to pay fees. But any check drawn on USD should be fine, or a money order, or credit card with the associated credit card form.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Did your husband marry you before your son's 18th birthday?

 

Are you a US citizen?

 

You may have a huge problem and it may take 10+ years for your son to immigrate to the US.  You may have literally 20 days to get an I-130 accepted by USCIS - meaning you may have to move quick and make ZERO mistakes.

Edited by aaron2020
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Boiler Grand Master

Boiler   43,595

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Filed: K-1 Visa Country: Wales
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Seems they married 8 years ago.

“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.”

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Dean_De Rising Star

Dean_De   61

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Filed: K-1 Visa Country: Philippines
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Posted

Petitioner is my USC husband...no I have not yet naturalized and me and my husband got married when he was under 18. We have submitted  I-130 before for my other children( my husband being the petitioner) and so far everything went well w/o a problem ( no error /rfe’s). So I am confident that what we are sending (I-130 packet) is good.  I am just asking if we have to call USCIS about him aging out after we send in the petition.

 

 

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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Posted

No, you don’t have to contact USCIS as it doesn’t care at all about cspa age for i130 processing.

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
38 minutes ago, Dean_De said:

Petitioner is my USC husband...no I have not yet naturalized and me and my husband got married when he was under 18. We have submitted  I-130 before for my other children( my husband being the petitioner) and so far everything went well w/o a problem ( no error /rfe’s). So I am confident that what we are sending (I-130 packet) is good.  I am just asking if we have to call USCIS about him aging out after we send in the petition.

No

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted
1 hour ago, Dean_De said:

Petitioner is my USC husband...no I have not yet naturalized and me and my husband got married when he was under 18. We have submitted  I-130 before for my other children( my husband being the petitioner) and so far everything went well w/o a problem ( no error /rfe’s). So I am confident that what we are sending (I-130 packet) is good.  I am just asking if we have to call USCIS about him aging out after we send in the petition.

 

 

No need to call or do anything.  Just make sure you get the I-130 in the mail at least a week before his 21st birthday. 

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