Sought to acquire date for CSPA of children turning 21 (merged)

[Fouz 1]

Hello, I had a change in category from f3 to f1 on sept. 2021.

The f1 category had visas available since october 2018 but I immediately filed the same month I became an F1( sept. 2021).

F3 still doesnt have visas available.

This is regarding the one year sought to acquire rule since he just turned 21 and i wasnt to know if CSPA will cover him. Which date will they take into consideration as the sought to acquire? Help pleasee.

Note: our file was pending for 4 years.

[arken 4,197]

If you turned F1, use the date your PD based on F1 turned current or you turned F1 whichever is later for calculating cspa. Does ceac portal show F1 for you?

Edited August 10, 2022 by arken

[Fouz 1]

1 minute ago, arken said:

If you turned F1, use the date your F1 PD turned current or you turned F1 whichever is kater for calculating cspa. Does ceas portal show F1 for you?

Yes potal shows f1 

[Fouz 1]

Can anyone help regarding the CSPA and sought to acquire date. I had a pending petition in category f3 since 2011 and was approved in 2015. I changed to F1 sept. 2021 and immediately filed ds-260 for me and my kids. This is regarding my sons age and the date they will consider as the seek to acquire. Will they consider the date I changed categories(F3 to F1 on  sept. 2021) as the one year requirement? Please help if any one knows about this issue.

NOTE: F3 IS STILL ON 2008 PRIORITY DATE

[SteveInBostonI130 3,468]

How did you go from married (F-3) to unmarried (F-1)?  Divorce?  I was not aware that was possible, but I learn smth new every day.

 

Your childrens CSPA age should still be calculated with the PD of the original petition in 2011.  Because approval took approx 4 years, you would subtract 4 years from the date that they submitted in NVC.  From my understanding the 1 year seek to acquire started the date your category changed to F-1.  

 

The above is supposition on my part and I will need to defer to others here.

 

[arken 4,197]

1 hour ago, Fouz said:

Will they consider the date I changed categories(F3 to F1 on  sept. 2021) as the one year requirement? Please help if any one knows about this issue.

One year from the date your category converted to F1 or the date F1 got current whichever is later. Did you add your child as derivative and submit his DS260 when you submitted yours? If so you and your child sought the visa the moment DS260s were submitted. Even if the interview happens 2 years later, he will be protected under cspa.

 

FYI, rather that creating a new post, it will be better to follow up in your previous post.

 

Edited August 13, 2022 by arken

[Fouz 1]

1 hour ago, SteveInBostonI130 said:

How did you go from married (F-3) to unmarried (F-1)?  Divorce?  I was not aware that was possible, but I learn smth new every day.

 

Your childrens CSPA age should still be calculated with the PD of the original petition in 2011.  Because approval took approx 4 years, you would subtract 4 years from the date that they submitted in NVC.  From my understanding the 1 year seek to acquire started the date your category changed to F-1.  

 

The above is supposition on my part and I will need to defer to others here.

 

Yes a divorce changes ur category. I am having the same thoughts but i wanted experienced people to tell me more aboyt about my situation. Thank you

[Fouz 1]

27 minutes ago, arken said:

One year from the date your category converted to F1 or the date F1 got current whichever is later. Did you add your child as derivative and submit his DS260 when you submitted yours? If so you and your child sought the visa the moment DS260s were submitted. Even if the interview happens 2 years later, he will be protected under cspa.

 

FYI, rather that creating a new post, it will be better to follow up in your previous post.

 

Yes i added my children as derivatives immediately.  I am really worried and just wanted a professional opinion or facts from others that maybe went through the same experience.  Thank you

[arken 4,197]

4 minutes ago, Fouz said:

Yes i added my children as derivatives immediately.  I am really worried and just wanted a professional opinion or facts from others that maybe went through the same experience.  Thank you

Like i said, submitting DS260 is seeking to acquire the visa. The site your used for cspa calculator doesn't take into account of ds260 filed.  Any delays by state department in scheduling the interview even if by years doesn't affect the eligibility.

[Fouz 1]

1 minute ago, arken said:

Like i said, submitting DS260 is seeking to acquire the visa. The site your used for cspa calculator doesn't take into account of ds260 filed.  Any delays by state department in scheduling the interview even if by years doesn't affect the eligibility.

Thanks your help is much appreciated. 

Yes i understand it didnt take into account a change in category, but i wanted to make it simpler with a table so that people understand my case and help me out .

[Fouz 1]

I am still trying to get DQ after a 2nd rfe and then have no idea about embassy interview backlog here in Beirut. 

[Fouz 1]

8 minutes ago, arken said:

Like i said, submitting DS260 is seeking to acquire the visa. The site your used for cspa calculator doesn't take into account of ds260 filed.  Any delays by state department in scheduling the interview even if by years doesn't affect the eligibility.

I am also having an issue with my joint sponsor's 1099. They have requested them for 2020 twice even though i submitted his 1040 and all the w-2s. He is a w-2 employer and doesnt have a schedule c so doesn't use 1099 but they put the same FE note twice. The income on W-2 matches that on 1040  Why am i facing this issue?

Edited August 13, 2022 by Fouz

[arken 4,197]

9 hours ago, Fouz said:

I am also having an issue with my joint sponsor's 1099. They have requested them for 2020 twice even though i submitted his 1040 and all the w-2s. He is a w-2 employer and doesnt have a schedule c so doesn't use 1099 but they put the same FE note twice. The income on W-2 matches that on 1040  Why am i facing this issue?

They are not requesting 1099 specifically, they are simply providing a generic statement because what you provided wasn't enough for i864 so they can't accept the income. Read their document properly. Provided everything that an i864 asks for. Just providing 1040 and w2 isn't enough.

[Fouz 1]

20 minutes ago, arken said:

They are not requesting 1099 specifically, they are simply providing a generic statement because what you provided wasn't enough for i864 so they can't accept the income. Read their document properly. Provided everything that an i864 asks for. Just providing 1040 and w2 isn't enough.

 

22 minutes ago, arken said:

They are not requesting 1099 specifically, they are simply providing a generic statement because what you provided wasn't enough for i864 so they can't accept the income. Read their document properly. Provided everything that an i864 asks for. Just providing 1040 and w2 isn't enough.

Do you mean the minimum requirement income for the sponsor?

[arken 4,197]

8 minutes ago, Fouz said:

 

Do you mean the minimum requirement income for the sponsor?

Everything, i864 has to be filled out correctly, correct household size, current income, past income substantiated with tax return transcripts or complete tax return documents and latest pay stubs. One mistake on any of those could result in same response from NVC.