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Paps IR5

Step daughter petitioned when she was 18

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Filed: IR-5 Country: Philippines
Timeline

Hi, 

This is for a friend. Her US husband petitioned her daughter when she was 20. It got approved but at the time the beneficiary did not act on it, reason too busy for schooling. 

She turns 22 so they never pursue, USCIS SEND them email to pay for the visa. The petitioner is so confused because they know the step daughter has aged-out. 

Their question, should they go ahead pay for visa knowing she aged-out? 

Will it be a waste of money and time? 

They think they can pursue it since uscis sent them an email to pay for the visa

Screenshot_20200820-202726_Gmail.jpg

Edited by Paps IR5

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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How old was the daughter at the time of the marriage? I'm going to assume she was under 18 given that the petition was approved, but I just want to verify.

 

CSPA should protect the "child" from aging out ("child" is quoted as they are really an adult now, bu treated as a child for immigration purposes still). They retain IR-2 status as their age is frozen so long as the petition was filed prior to turning 21.

Edited by geowrian

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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Filed: IR-5 Country: Philippines
Timeline

She was 15 when the petitioner matud to the mother. So is this a go to pay for visa? 

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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1 minute ago, Paps IR5 said:

She was 15 when the petitioner matud to the mother. So is this a go to pay for visa? 

I don't see an issue. Normally there is a 1 year "seek to acquire" requirement for CSPA, but that does not apply to IR-2 cases.

 

@SusieQQQ See any issue? Just want a second set of eyes if you don't mind...

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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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread is moved from the K-3 Process forum to the CR-1 Process forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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35 minutes ago, geowrian said:

I don't see an issue. Normally there is a 1 year "seek to acquire" requirement for CSPA, but that does not apply to IR-2 cases.

 

@SusieQQQ See any issue? Just want a second set of eyes if you don't mind...

Doesn’t the case lapse if nothing has happened after a year? Is that what the email from NVC is about, to stop that happening? I’m not overly familiar with IR/CR cases - so not sure why all this seems to have taken so long if not for that reason. Definitely agree that as long as the child remains unmarried she is protected by CSPA and doesn’t age out. 
 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a U.S. citizen, your age is frozen on the date the Form I-130 or Form I-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.

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15 hours ago, SusieQQQ said:

Doesn’t the case lapse if nothing has happened after a year? Is that what the email from NVC is about, to stop that happening? I’m not overly familiar with IR/CR cases - so not sure why all this seems to have taken so long if not for that reason. Definitely agree that as long as the child remains unmarried she is protected by CSPA and doesn’t age out. 
 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a U.S. citizen, your age is frozen on the date the Form I-130 or Form I-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.

An existing case (the visa application registration) does expire after 1 year by default per INA 203(g). It can be reinstated. The petition itself does not expire, and CSPA should remain in effect (thanks for confirming!).

 

Is this an existing visa application, though? I don't think that has been actually started yet...it starts after paying the fee. So I think the OP is fine there too.

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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1 hour ago, geowrian said:

An existing case (the visa application registration) does expire after 1 year by default per INA 203(g). It can be reinstated. The petition itself does not expire, and CSPA should remain in effect (thanks for confirming!).

 

Is this an existing visa application, though? I don't think that has been actually started yet...it starts after paying the fee. So I think the OP is fine there too.

hmm..I think I interpret that differently from you, the below makes it sound to me like they need to do something (pay fees, apply for a visa etc) after notification of availability to avoid it lapsing:

 

Important Notice: Termination of Registration:

Immigration and Nationality Act (INA) section 203(g) provides that the “Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year” of notice of visa availability.... Therefore, if you do not respond to notices from NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

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36 minutes ago, SusieQQQ said:

hmm..I think I interpret that differently from you, the below makes it sound to me like they need to do something (pay fees, apply for a visa etc) after notification of availability to avoid it lapsing:

 

Important Notice: Termination of Registration:

Immigration and Nationality Act (INA) section 203(g) provides that the “Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year” of notice of visa availability.... Therefore, if you do not respond to notices from NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Hmm...after reading the FAM entry (https://fam.state.gov/fam/09FAM/09FAM050413.html), I concur with you on what should happen.

That said, the requirement is that NVC notify the applicant prior to termination and allow for them to respond that they want to keep the registration open. Their system should have notified them if the case was terminated.

Since that does not appear to have happened here, and NVC apparently is requesting to proceed with the case via payment (they can't if the petition was already officially terminated), I would imagine the petition has remained intact and they could proceed.

My suggestion is to contact NVC and verify, and/or check with USCIS if the petition is still intact.

Edited by geowrian

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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43 minutes ago, geowrian said:

Hmm...after reading the FAM entry (https://fam.state.gov/fam/09FAM/09FAM050413.html), I concur with you on what should happen.

That said, the requirement is that NVC notify the applicant prior to termination and allow for them to respond that they want to keep the registration open. Their system should have notified them if the case was terminated.

Since that does not appear to have happened here, and NVC apparently is requesting to proceed with the case via payment (they can't if the petition was already officially terminated), I would imagine the petition has remained intact and they could proceed.

My suggestion is to contact NVC and verify, and/or check with USCIS if the petition is still intact.

That was what I asked/speculated - that NVC was contacting them to proceed so that the case doesn’t lapse.  Look again at the wording of the notice from NVC in first post -

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Filed: Other Country: China
Timeline

Good answers so far.  If they want to pursue the visa, they should proceed.  However they are not being asked to pay for a visa.  A visa is not purchased.  They are being informed of how to pay the visa application fee and apply for a visa.

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IR-2s don't age out, so yes she can use this petition to immigrate basically forever (as long as she doesn't marry, that'd drop her to F3). She can be 60 and still be treated as under 21, well assuming that the petitioner is alive or there's another relative willing to take on the case at that point.

Edited by Demise

Contradictions without citations only make you look dumb.

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6 hours ago, geowrian said:

An existing case (the visa application registration) does expire after 1 year by default per INA 203(g). It can be reinstated. The petition itself does not expire, and CSPA should remain in effect (thanks for confirming!).

 

Is this an existing visa application, though? I don't think that has been actually started yet...it starts after paying the fee. So I think the OP is fine there too.

Honestly even termination of registration isn't a big deal. That just means that NVC dropped the case due to inactivity. The underlying I-130 remains valid indefinitely, the petitioner can file I-824 to send the case to NVC again.

Contradictions without citations only make you look dumb.

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32 minutes ago, Demise said:

Honestly even termination of registration isn't a big deal. That just means that NVC dropped the case due to inactivity. The underlying I-130 remains valid indefinitely, the petitioner can file I-824 to send the case to NVC again.

But if they want her to come anyway and the only question about paying fees now is whether she’s aged out, why would they wait just to pay $465 (or whatever it’s going up to after October) to file another form ?

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Filed: IR-5 Country: Philippines
Timeline
36 minutes ago, Demise said:

Honestly even termination of registration isn't a big deal. That just means that NVC dropped the case due to inactivity. The underlying I-130 remains valid indefinitely, the petitioner can file I-824 to send the case to NVC again.

The NVC did not ask for form 824. They area asking to pay for the DS-260.

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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