USCIS delays on I-539 decisions - What to do? (merged)

[DTM-USA 77]

49 minutes ago, Jorgedig said:

Anyone who has travelled to the US during the pandemic cannot really use that excuse as a reason to not go home.....clearly, it was and is, an issue.

Me and our 3yo daughter are here in the US since April/20 with my wife (US citizen). We’re waiting for our interview to be scheduled by the US Rio de Janeiro Consulate. Our immigrant visa cases are already DQ. In July we tried to expedite but they denied. So in August we asked USCIS for an extension until March (03/01/21), and we’re still waiting for the decision. Thinking about to fill an AOS form since we don’t know if the extension case will be really adjudicated in the next few days, what’s causing us some fear about it to create any trouble once maybe we are staying for more time than the initially requested, in order to wait for a final word from USCIS. Any thoughts? Tks!

Edited February 9, 2021 by DTM-USA

[DTM-USA 77]

Hi folks, me and our 3yo daughter are waiting for an interview to be scheduled by the U.S. Consulate in Rio de Janeiro. Wife is the USC petitioner for us. Our immigrant visa cases are already DQ since 2019 (daughter) and 2020 (mine). We were in Brazil last year when my wife got a job offer and due to COVID we came with her in order to stay together. We’re here since April/20. With no developments on the pandemic and our 6mo time expiring in October/20, we first tried in July/20 to expedite our overseas cases and was denied (no emergency). After that, we just filled for an extension (August/20) and still waiting for a decision - we asked to stay until March 1st. We’re afraid that it comes only after our maximum permitted stay time and thinking if now the best idea is to fill an AOS. Also, even if we go back to Brazil before that time without knowing the result of our extension, we will be taking the risk to be denied or get not the total time we asked, making us overstayed. Or  even approved, as i said, receive the decision only after the time we asked. So, AOS is the best thing to do right now? Tks!

[SusieQQQ 11,584]

Given what you have described, it sounds to me like doing AOS makes sense. Overstay would not be an issue as you’re immediate relatives of a US citizen, but there doesn’t seem any obvious reason for you to go back to Brazil to await visas - and my understanding is that rio is still totally closed and not issuing anything other than emergency visas anyway? 
 

 

Edited February 9, 2021 by SusieQQQ

[HRQX 4,145]

1 hour ago, DTM-USA said:

AOS is the best thing to do right now?

Yes. I-864 is filled out by the US citizen. In general, send the following six packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-130 receipt notice for you, I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.;
• I-131 with electronic I-94 copy, etc.;

 

• I-485 with I-130 receipt notice for your daughter, I-864 (not needed if your wife is the biological or legal adoptive mother; if so just select box 62.b. on page 14 of I-485) and supporting documents, I-944 and supporting documents, electronic I-94 copy, reduced filing fee for concurrently filed child case, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-485 packets, I-485 payment method (check, money order, or Form G-1450) must be the very first item of those packets.

Edited February 9, 2021 by HRQX

[KAP2019 184]

14 hours ago, DTM-USA said:

Me and our 3yo daughter are here in the US since April/20 with my wife (US citizen). We’re waiting for our interview to be scheduled by the US Rio de Janeiro Consulate. Our immigrant visa cases are already DQ. In July we tried to expedite but they denied. So in August we asked USCIS for an extension until March (03/01/21), and we’re still waiting for the decision. Thinking about to fill an AOS form since we don’t know if the extension case will be really adjudicated in the next few days, what’s causing us some fear about it to create any trouble once maybe we are staying for more time than the initially requested, in order to wait for a final word from USCIS. Any thoughts? Tks!

The visa extension process is pretty useless because it supposedly takes 7-9 months to hear anything back and by then your visa is expired and you've overstayed. Any idea when you expect interview in Rio de Janeiro? 

Options are to either apply for AOS and essentially restart the process for a visa OR you and your daughter return home and wait for the interview. 

[DTM-USA 77]

5 hours ago, KAP2019 said:

The visa extension process is pretty useless because it supposedly takes 7-9 months to hear anything back and by then your visa is expired and you've overstayed. Any idea when you expect interview in Rio de Janeiro? 

Options are to either apply for AOS and essentially restart the process for a visa OR you and your daughter return home and wait for the interview. 

Yes, we’re thinking what will be better to do in the next few days. No idea when our interview can be scheduled in Rio. Tks for your attention and God bless! 🙏🏻

[DTM-USA 77]

12 hours ago, SusieQQQ said:

Given what you have described, it sounds to me like doing AOS makes sense. Overstay would not be an issue as you’re immediate relatives of a US citizen, but there doesn’t seem any obvious reason for you to go back to Brazil to await visas - and my understanding is that rio is still totally closed and not issuing anything other than emergency visas anyway? 
 

 

Correct. Consulate is still closed and only doing emergency appointments. We’re thinking pretty much to do the AOS. Thank you! 👍🏻

[DTM-USA 77]

11 hours ago, HRQX said:

Yes. I-864 is filled out by the US citizen. In general, send the following six packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-130 receipt notice for you, I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.;
• I-131 with electronic I-94 copy, etc.;

 

• I-485 with I-130 receipt notice for your daughter, I-864 (not needed if your wife is the biological or legal adoptive mother; if so just select box 62.b. on page 14 of I-485) and supporting documents, I-944 and supporting documents, electronic I-94 copy, reduced filing fee for concurrently filed child case, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-485 packets, I-485 payment method (check, money order, or Form G-1450) must be the very first item of those packets.

Wow! Thank you for all the attention and advice! It will be very helpful if we really decide to ask for an AOS. 👍🏻

[HRQX 4,145]

43 minutes ago, DTM-USA said:

Wow! Thank you for all the attention and advice! It will be very helpful if we really decide to ask for an AOS. 👍🏻

Is your daughter also your wife's biological daughter? If so, does your wife not qualify to pass down US citizenship?

 

Or is your daughter just your wife's stepdaughter?

[DTM-USA 77]

1 hour ago, HRQX said:

Is your daughter also your wife's biological daughter? If so, does your wife not qualify to pass down US citizenship?

 

Or is your daughter just your wife's stepdaughter?

Biological daughter. We’re also paying attention on it. We’ve just discussed about it few hours ago! If we go forward to fill the AOS, we will do it only for me, and pursue the citizenship for our daughter, for sure! Awesome point! Tks again! 👍🏻

[HRQX 4,145]

13 minutes ago, DTM-USA said:

and pursue the citizenship for our daughter

Was she born in wedlock? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

Or out of wedlock?

Child Born Abroad Out-of-Wedlock to a U.S. Citizen Mother

 

A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

 

In light of the U.S. Supreme Court’s decision in Sessions v. Morales-Santana, 582 U.S. ___, 137 S.Ct. 1678 (2017), a person born abroad out-of-wedlock to a U.S. citizen mother and alien father on or after June 12, 2017, may acquire U.S. citizenship at birth if the mother was a U.S. citizen at the time of the person’s birth and was physically present in the United States or one of its outlying possessions for a period of five years, including two after turning age 14, in accordance with Section 301(g) of the INA.

 

If she was born a US citizen (per the above info) then she can get US passport, Certificate of Citizenship (backdated to the day she was born), or both: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

Application for Certificate of Citizenship (Form N-600)

A person born abroad who acquires U.S. citizenship at birth is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. passport with the Department of State to serve as evidence of his or her U.S. citizenship. ^[31] 

 

A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's U.S. citizen parent or legal guardian must submit the application. ^[32] 

 

USCIS will issue a proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so. ^[33] 

Edited February 10, 2021 by HRQX

[DTM-USA 77]

6 hours ago, HRQX said:

Was she born in wedlock? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

Or out of wedlock?

Child Born Abroad Out-of-Wedlock to a U.S. Citizen Mother

 

A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

 

In light of the U.S. Supreme Court’s decision in Sessions v. Morales-Santana, 582 U.S. ___, 137 S.Ct. 1678 (2017), a person born abroad out-of-wedlock to a U.S. citizen mother and alien father on or after June 12, 2017, may acquire U.S. citizenship at birth if the mother was a U.S. citizen at the time of the person’s birth and was physically present in the United States or one of its outlying possessions for a period of five years, including two after turning age 14, in accordance with Section 301(g) of the INA.

 

If she was born a US citizen (per the above info) then she can get US passport, Certificate of Citizenship (backdated to the day she was born), or both: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

Application for Certificate of Citizenship (Form N-600)

A person born abroad who acquires U.S. citizenship at birth is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. passport with the Department of State to serve as evidence of his or her U.S. citizenship. ^[31] 

 

A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's U.S. citizen parent or legal guardian must submit the application. ^[32] 

 

USCIS will issue a proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so. ^[33] 

In wedlock. 👍🏻👍🏻👍🏻

[SalishSea 16,826]

Just keep in mind that it will be a very long time before you can work or come back to the US if you need to leave - 8+ months, if not longer.