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Filed: K-1 Visa Country: Philippines
Timeline

My uncle is a USC and would like his children to become USC's as well.

 

They came in the US with an EB5 from their mom and is going to expire soon.

 

Does my uncle need to file a form I130 for them or an I485?


K1:

May 12, 2015: I-129F Sent via USPS Overnight Mail

May 19, 2015: NOA 1

June 23, 2015: NOA 2

September 22, 2015: Interview (Approved)

October 3, 2015: Visa On Hand

May 18, 2016: Marriage

AOS:

June 3, 2016: AOS Sent via USPS Express Mail

June 22, 2016: NOA 1

July 5, 2016: Biometrics

August 19, 2016: EAD/AP Approved

August 24, 2016: EAD/AP Card Mailed & Receipt of NOA 2 Hardcopy

January 12, 2017: Service Request

April 4, 2017: Interview - RFE: DS-3025 not transcribed to I-693

  • April 17, 2017: RFE Submitted

April 25, 2017: AOS Approved

ROC:

February 1, 2019: I-751 Sent via USPS Priority Mail

February 8, 2019: NOA 1

April 29, 2019: Biometrics

March 11, 2020: 1st RFE - Insufficient Evidence

  • March 11, 2020: RFE Sent by USCIS. I didn't receive it in the mail.
  • March 27, 2020: 1st Service Request online to have RFE sent.
  • April 7, 2020: RFE Sent by USCIS.
  • May 8, 2020: 2nd Service Request online to have RFE sent.
  • May 12, 2020: Called USCIS and found out they didn't change my address. Received emailed RFE.
  • May 15, 2020: RFE Response Submitted.
  • May 20, 2020: RFE Response received by USCIS.

June 24, 2020: 2nd RFE - Same RFE as March 11, 2020, EXACTLY THE SAME

  • July 1, 2020: Resubmitted exact same packet from the 1st RFE with a cover letter explaining that they've already received this.
  • July 7, 2020: RFE Response received by USCIS.

July 30, 2020: New Card Being Produced

July 31, 2020: ROC Approved

August 19, 2020: Card was Mailed

August 24, 2020: Card Received

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Filed: EB-3 Visa Country: Germany
Timeline
6 minutes ago, FianceInTraining said:

My uncle is a USC and would like his children to become USC's as well.

 

They came in the US with an EB5 from their mom and is going to expire soon.

 

Does my uncle need to file a form I130 for them or an I485?

How old are the children

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Filed: K-1 Visa Country: Philippines
Timeline
Just now, designguy said:

How old are the children

15 & 18


K1:

May 12, 2015: I-129F Sent via USPS Overnight Mail

May 19, 2015: NOA 1

June 23, 2015: NOA 2

September 22, 2015: Interview (Approved)

October 3, 2015: Visa On Hand

May 18, 2016: Marriage

AOS:

June 3, 2016: AOS Sent via USPS Express Mail

June 22, 2016: NOA 1

July 5, 2016: Biometrics

August 19, 2016: EAD/AP Approved

August 24, 2016: EAD/AP Card Mailed & Receipt of NOA 2 Hardcopy

January 12, 2017: Service Request

April 4, 2017: Interview - RFE: DS-3025 not transcribed to I-693

  • April 17, 2017: RFE Submitted

April 25, 2017: AOS Approved

ROC:

February 1, 2019: I-751 Sent via USPS Priority Mail

February 8, 2019: NOA 1

April 29, 2019: Biometrics

March 11, 2020: 1st RFE - Insufficient Evidence

  • March 11, 2020: RFE Sent by USCIS. I didn't receive it in the mail.
  • March 27, 2020: 1st Service Request online to have RFE sent.
  • April 7, 2020: RFE Sent by USCIS.
  • May 8, 2020: 2nd Service Request online to have RFE sent.
  • May 12, 2020: Called USCIS and found out they didn't change my address. Received emailed RFE.
  • May 15, 2020: RFE Response Submitted.
  • May 20, 2020: RFE Response received by USCIS.

June 24, 2020: 2nd RFE - Same RFE as March 11, 2020, EXACTLY THE SAME

  • July 1, 2020: Resubmitted exact same packet from the 1st RFE with a cover letter explaining that they've already received this.
  • July 7, 2020: RFE Response received by USCIS.

July 30, 2020: New Card Being Produced

July 31, 2020: ROC Approved

August 19, 2020: Card was Mailed

August 24, 2020: Card Received

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Filed: EB-3 Visa Country: Germany
Timeline
7 minutes ago, FianceInTraining said:

They came in the US with an EB5 from their mom and is going to expire soon.

Can you expain this. They are currently in the US? What are you saying is going to expire?

8 minutes ago, FianceInTraining said:

oes my uncle need to file a form I130 for them or an I485?

These are forms for visas or to apply for permanent residency not naturalization

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Filed: K-1 Visa Country: Philippines
Timeline
Just now, designguy said:

Can you expain this. They are currently in the US? What are you saying is going to expire?

The mom of the kids and my uncle are not together for some time now. The kids and the mom came in the US with an investor's visa (EB5).

My uncle is already a USC from an I130.

 

My uncle wants to keep the children here. 15 & 18. What application should he file? An I-130 or an I-485?


K1:

May 12, 2015: I-129F Sent via USPS Overnight Mail

May 19, 2015: NOA 1

June 23, 2015: NOA 2

September 22, 2015: Interview (Approved)

October 3, 2015: Visa On Hand

May 18, 2016: Marriage

AOS:

June 3, 2016: AOS Sent via USPS Express Mail

June 22, 2016: NOA 1

July 5, 2016: Biometrics

August 19, 2016: EAD/AP Approved

August 24, 2016: EAD/AP Card Mailed & Receipt of NOA 2 Hardcopy

January 12, 2017: Service Request

April 4, 2017: Interview - RFE: DS-3025 not transcribed to I-693

  • April 17, 2017: RFE Submitted

April 25, 2017: AOS Approved

ROC:

February 1, 2019: I-751 Sent via USPS Priority Mail

February 8, 2019: NOA 1

April 29, 2019: Biometrics

March 11, 2020: 1st RFE - Insufficient Evidence

  • March 11, 2020: RFE Sent by USCIS. I didn't receive it in the mail.
  • March 27, 2020: 1st Service Request online to have RFE sent.
  • April 7, 2020: RFE Sent by USCIS.
  • May 8, 2020: 2nd Service Request online to have RFE sent.
  • May 12, 2020: Called USCIS and found out they didn't change my address. Received emailed RFE.
  • May 15, 2020: RFE Response Submitted.
  • May 20, 2020: RFE Response received by USCIS.

June 24, 2020: 2nd RFE - Same RFE as March 11, 2020, EXACTLY THE SAME

  • July 1, 2020: Resubmitted exact same packet from the 1st RFE with a cover letter explaining that they've already received this.
  • July 7, 2020: RFE Response received by USCIS.

July 30, 2020: New Card Being Produced

July 31, 2020: ROC Approved

August 19, 2020: Card was Mailed

August 24, 2020: Card Received

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Filed: EB-3 Visa Country: Germany
Timeline
2 minutes ago, FianceInTraining said:

What application should he file? An I-130 or an I-485?

If the children entered the US through the EB5 then they became permanent residents once their visas were stamped the first time they entered.

 

Keeping them here seems to be more of a family matter than an immigration matter. If from what I gather the mother left/is planning to leave the US

 

2 minutes ago, FianceInTraining said:

My uncle is already a USC from an I130.

An I130 does not make you a USC

Edited by designguy

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Filed: K-1 Visa Country: Philippines
Timeline
1 minute ago, designguy said:

If the children entered the US through the EB5 then they became permanent residents once their visas were stamped the first time they entered.

 

Keeping them here seems to be more of a family matter than an immigration matter. If from what I gather the mother left/is planning to leave the US

 

An I130 does not make you a USC

EB5 only gives you 3-5 years. Their father wants it longer.

 

The mother wants to go back home and leave the kids with their dad (USC).

 

I understand that an I-130 doesn't make you a USC. He already completed the 5 years required to become a USC and got naturalized recently.


K1:

May 12, 2015: I-129F Sent via USPS Overnight Mail

May 19, 2015: NOA 1

June 23, 2015: NOA 2

September 22, 2015: Interview (Approved)

October 3, 2015: Visa On Hand

May 18, 2016: Marriage

AOS:

June 3, 2016: AOS Sent via USPS Express Mail

June 22, 2016: NOA 1

July 5, 2016: Biometrics

August 19, 2016: EAD/AP Approved

August 24, 2016: EAD/AP Card Mailed & Receipt of NOA 2 Hardcopy

January 12, 2017: Service Request

April 4, 2017: Interview - RFE: DS-3025 not transcribed to I-693

  • April 17, 2017: RFE Submitted

April 25, 2017: AOS Approved

ROC:

February 1, 2019: I-751 Sent via USPS Priority Mail

February 8, 2019: NOA 1

April 29, 2019: Biometrics

March 11, 2020: 1st RFE - Insufficient Evidence

  • March 11, 2020: RFE Sent by USCIS. I didn't receive it in the mail.
  • March 27, 2020: 1st Service Request online to have RFE sent.
  • April 7, 2020: RFE Sent by USCIS.
  • May 8, 2020: 2nd Service Request online to have RFE sent.
  • May 12, 2020: Called USCIS and found out they didn't change my address. Received emailed RFE.
  • May 15, 2020: RFE Response Submitted.
  • May 20, 2020: RFE Response received by USCIS.

June 24, 2020: 2nd RFE - Same RFE as March 11, 2020, EXACTLY THE SAME

  • July 1, 2020: Resubmitted exact same packet from the 1st RFE with a cover letter explaining that they've already received this.
  • July 7, 2020: RFE Response received by USCIS.

July 30, 2020: New Card Being Produced

July 31, 2020: ROC Approved

August 19, 2020: Card was Mailed

August 24, 2020: Card Received

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Filed: EB-3 Visa Country: Germany
Timeline
1 minute ago, FianceInTraining said:

EB5 only gives you 3-5 years. Their father wants it longer

This is incorrect. An EB5 is an immigrant visa. Once you enter the US on the visa, there is no expiration to how long you can stay. Where are you getting that information

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Filed: K-1 Visa Country: Philippines
Timeline
Just now, designguy said:

This is incorrect. An EB5 is an immigrant visa. Once you enter the US on the visa, there is no expiration to how long you can stay. Where are you getting that information

From my uncle 😪


K1:

May 12, 2015: I-129F Sent via USPS Overnight Mail

May 19, 2015: NOA 1

June 23, 2015: NOA 2

September 22, 2015: Interview (Approved)

October 3, 2015: Visa On Hand

May 18, 2016: Marriage

AOS:

June 3, 2016: AOS Sent via USPS Express Mail

June 22, 2016: NOA 1

July 5, 2016: Biometrics

August 19, 2016: EAD/AP Approved

August 24, 2016: EAD/AP Card Mailed & Receipt of NOA 2 Hardcopy

January 12, 2017: Service Request

April 4, 2017: Interview - RFE: DS-3025 not transcribed to I-693

  • April 17, 2017: RFE Submitted

April 25, 2017: AOS Approved

ROC:

February 1, 2019: I-751 Sent via USPS Priority Mail

February 8, 2019: NOA 1

April 29, 2019: Biometrics

March 11, 2020: 1st RFE - Insufficient Evidence

  • March 11, 2020: RFE Sent by USCIS. I didn't receive it in the mail.
  • March 27, 2020: 1st Service Request online to have RFE sent.
  • April 7, 2020: RFE Sent by USCIS.
  • May 8, 2020: 2nd Service Request online to have RFE sent.
  • May 12, 2020: Called USCIS and found out they didn't change my address. Received emailed RFE.
  • May 15, 2020: RFE Response Submitted.
  • May 20, 2020: RFE Response received by USCIS.

June 24, 2020: 2nd RFE - Same RFE as March 11, 2020, EXACTLY THE SAME

  • July 1, 2020: Resubmitted exact same packet from the 1st RFE with a cover letter explaining that they've already received this.
  • July 7, 2020: RFE Response received by USCIS.

July 30, 2020: New Card Being Produced

July 31, 2020: ROC Approved

August 19, 2020: Card was Mailed

August 24, 2020: Card Received

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Filed: EB-3 Visa Country: Germany
Timeline
1 minute ago, FianceInTraining said:

From my uncle 😪

He is wrong. Also the children may already be US citizens. Check out this to see if the children qualify

 

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

 

Edited by designguy

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Filed: K-1 Visa Country: Philippines
Timeline
3 minutes ago, designguy said:

He is wrong. Also the children may already be US citizens. Check out this to see if the children qualify

 

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

 

So, the 15 year old can already file for a certificate of citizenship? Right?

 

The 18 year old? An I-130?


K1:

May 12, 2015: I-129F Sent via USPS Overnight Mail

May 19, 2015: NOA 1

June 23, 2015: NOA 2

September 22, 2015: Interview (Approved)

October 3, 2015: Visa On Hand

May 18, 2016: Marriage

AOS:

June 3, 2016: AOS Sent via USPS Express Mail

June 22, 2016: NOA 1

July 5, 2016: Biometrics

August 19, 2016: EAD/AP Approved

August 24, 2016: EAD/AP Card Mailed & Receipt of NOA 2 Hardcopy

January 12, 2017: Service Request

April 4, 2017: Interview - RFE: DS-3025 not transcribed to I-693

  • April 17, 2017: RFE Submitted

April 25, 2017: AOS Approved

ROC:

February 1, 2019: I-751 Sent via USPS Priority Mail

February 8, 2019: NOA 1

April 29, 2019: Biometrics

March 11, 2020: 1st RFE - Insufficient Evidence

  • March 11, 2020: RFE Sent by USCIS. I didn't receive it in the mail.
  • March 27, 2020: 1st Service Request online to have RFE sent.
  • April 7, 2020: RFE Sent by USCIS.
  • May 8, 2020: 2nd Service Request online to have RFE sent.
  • May 12, 2020: Called USCIS and found out they didn't change my address. Received emailed RFE.
  • May 15, 2020: RFE Response Submitted.
  • May 20, 2020: RFE Response received by USCIS.

June 24, 2020: 2nd RFE - Same RFE as March 11, 2020, EXACTLY THE SAME

  • July 1, 2020: Resubmitted exact same packet from the 1st RFE with a cover letter explaining that they've already received this.
  • July 7, 2020: RFE Response received by USCIS.

July 30, 2020: New Card Being Produced

July 31, 2020: ROC Approved

August 19, 2020: Card was Mailed

August 24, 2020: Card Received

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Filed: Country: Vietnam (no flag)
Timeline
15 minutes ago, FianceInTraining said:

So, the 15 year old can already file for a certificate of citizenship? Right?

 

The 18 year old? An I-130?

Does the 15 years old green card holder live with her US citizen father?  If he/she is not living with the US citizen father, then she/he is not a US citizen.  If he/she is living with the US citizen father, then he/she is a US citizen.  

 

The 18 years old green card holder must naturalize on her/his own by filing the N-500 after having a green card for 5 years.  

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Filed: Country: Vietnam (no flag)
Timeline
38 minutes ago, FianceInTraining said:

The mom of the kids and my uncle are not together for some time now. The kids and the mom came in the US with an investor's visa (EB5).

My uncle is already a USC from an I130.

 

My uncle wants to keep the children here. 15 & 18. What application should he file? An I-130 or an I-485?

You are really confusing.


An I-130 would not make your uncle a US citizen.   An I-130 is an immigration petition.  It does not confer US citizenship.   Did your uncle apply for naturalization with an N-400?

Edited by aaron2020

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Filed: Country: Vietnam (no flag)
Timeline
30 minutes ago, FianceInTraining said:

EB5 only gives you 3-5 years. Their father wants it longer.

 

The mother wants to go back home and leave the kids with their dad (USC).

 

I understand that an I-130 doesn't make you a USC. He already completed the 5 years required to become a USC and got naturalized recently.

Completely incorrect.  

An EB-5 gives a conditional 2 years green card.  If the 10 jobs requirements are met after 2 years, then the person gets a 10 years green card.

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