Guidance for F2A Family VISA guidance.

[manyfudge 278]

6 minutes ago, NJCube said:

she is current.

You said in your 1st post that your husband applied JULY, which is not June 1.  Now you have to give me her age on Feb 1, 2024 to calculate if she aged out.

[manyfudge 278]

26 minutes ago, NJCube said:

Why would you think she will almost be done with school (2 yea

@NJCube, you told me your husband applied July 2020.   July is not June 1.

 

Now we have to calculate her CSPA age to make sure she did not age out.  I sure hope her bday is not in June or July!

 

What was her age in years + months + days on Feb 1, 2024?

[NJCube 2]

13 minutes ago, manyfudge said:

@NJCube, you told me your husband applied July 2020.   July is not June 1.

 

Now we have to calculate her CSPA age to make sure she did not age out.  I sure hope her bday is not in June or July!

 

What was her age in years + months + days on Feb 1, 2024?

 

July 5, 1999

[appleblossom 1,528]

1 hour ago, NJCube said:

Thanks for the response and thank you for the advice.  The plan is for her to spend summers here just wanted to make sure that was enough.  

I don't think she would want to transfer at this point.  We'll have to play it by ear when the time comes.    I REALLY hope she is not aged out to a F2B.  That is not fair at all.  We petitioned for her 4 years ago!  

 

My own daughter is going to uni in September in the UK, but she'll have spent well over a year living here before leaving. She's got a job (taking a leave of absence from it and back working there in the holidays), she will have filed taxes, she has a driving licence, bills, parents and sibling that still live here, her name is on the lease, etc. Even with all that she'll be making sure she comes back for every vacation and for occasional weekends so she's in the US for at least half of every year, and that's still a risk. Just coming back for the summer without having those ties first and without any other visits would be an even bigger risk I wouldn't be prepared to take personally. If she only plans to come back for summers, then I'd either delay things (unless of course her aging out takes care of that for you), or I'd get her a re-entry permit. But of course she'd need to be in the US long enough to get that first. 

 

As above, to work out if she's aged out in to F2B or not, you'll need to do some careful sums. When exactly was her petition approved?

[manyfudge 278]

12 minutes ago, NJCube said:

July 5, 1999

I was hoping that you had not left it until the month before she turned 21. 

 

If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024.

 

Sorry to be the bearer of bad news.

[NJCube 2]

11 minutes ago, manyfudge said:

I was hoping that you had not left it until the month before she turned 21. 

 

If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024.

 

Sorry to be the bearer of bad news.

 

Thank you.  It's not your fault.  So, what happens next?  Will I eventually get some kind of official notification telling me that?  Does she automatically get bumped down to a category F2B or do I have to start from scratch and repay all the fees again?

 

Do you think getting an immigration lawyer would help at all or would i be throwing more money away and it is what it is?

 

Thanks,

Rich

 

 

[NJCube 2]

30 minutes ago, appleblossom said:

 

My own daughter is going to uni in September in the UK, but she'll have spent well over a year living here before leaving. She's got a job (taking a leave of absence from it and back working there in the holidays), she will have filed taxes, she has a driving licence, bills, parents and sibling that still live here, her name is on the lease, etc. Even with all that she'll be making sure she comes back for every vacation and for occasional weekends so she's in the US for at least half of every year, and that's still a risk. Just coming back for the summer without having those ties first and without any other visits would be an even bigger risk I wouldn't be prepared to take personally. If she only plans to come back for summers, then I'd either delay things (unless of course her aging out takes care of that for you), or I'd get her a re-entry permit. But of course she'd need to be in the US long enough to get that first. 

 

As above, to work out if she's aged out in to F2B or not, you'll need to do some careful sums. When exactly was her petition approved?

 

Thank you for your response.

 

Manyfudge has already deduced that my stepdaughter has aged out.  

 

It's good to know all the steps you took for your daughter to ensure her residency remains intact. 

 

At this point, if there are any more regulations that i am not aware of, if she has been bumped to a F2B, then it will be another 4 and a half years before they get to her.  Who knows what her situation will be like when the times comes.  She might be so established over there; she might not want to come anymore.  Very sad.

 

[Redro 4,602]

9 minutes ago, NJCube said:

 

Thank you for your response.

 

Manyfudge has already deduced that my stepdaughter has aged out.  

 

It's good to know all the steps you took for your daughter to ensure her residency remains intact. 

 

At this point, if there are any more regulations that i am not aware of, if she has been bumped to a F2B, then it will be another 4 and a half years before they get to her.  Who knows what her situation will be like when the times comes.  She might be so established over there; she might not want to come anymore.  Very sad.

 

Think of it as a good thing! Your stepdaughter is lucky enough to live in a country where she can build a great life and moving to the US isn’t the be all and end all. 
Generally, you can see which category she is in if you log into NVC portal. Have you been DQ’ed at NVC yet or has the NVC portal opened for you so you can pay the immigrant visa fee and AOS fee? Did she complete Ds260 and did you complete I864? What stage of NVC are you at? 

Edited February 12 by Redro

[NJCube 2]

35 minutes ago, manyfudge said:

I was hoping that you had not left it until the month before she turned 21. 

 

If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024.

 

Sorry to be the bearer of bad news.

 

After re-readng your reply, i realized you have the I-130 approval date incorrect.  Here are the dates:

 

Priority Date: 6/1/2020 

I-130 Approval 5/24/2022

DOB: 7/3/1999

 

Does this make a difference?

 

Thanks!

Rich

[appleblossom 1,528]

8 minutes ago, NJCube said:

 

After re-readng your reply, i realized you have the I-130 approval date incorrect.  Here are the dates:

 

Priority Date: 6/1/2020 

I-130 Approval 5/24/2022

DOB: 7/3/1999

 

Does this make a difference?

 

Thanks!

Rich

 

Your first post in this thread says the petition was approved in June 2023? Her DOB has also changed! If the petition was approved earlier then that doesn't help but I'd double check your dates really carefully and do a CPSA calculation yourself (there are online calculators you can use if you're not sure how to do it) just to be sure. 

Edited February 12 by appleblossom

[NJCube 2]

12 minutes ago, Redro said:

Think of it as a good thing! Your stepdaughter is lucky enough to live in a country where she can build a great life and moving to the US isn’t the be all and end all. 
Generally, you can see which category she is in if you log into NVC portal. Have you been DQ’ed at NVC yet or has the NVC portal opened for you so you can pay the immigrant visa fee and AOS fee? Did she complete Ds260 and did you complete I864? What stage of NVC are you at? 

 

Hi,  

 

Thanks for the response. 

 

Not sure what you mean by DQ'd.  Yes, the NVC portal has opened, and I have paid the AOS and IV fees.  DS-260 and I-864 completed.  All documentation submitted.  The category is still showing as F22.  As far as i know, I've done everything I could and I'm just waiting to get the interview notification.   Is this a good sign that she might remain in the same visa category?

 

 

[manyfudge 278]

30 minutes ago, NJCube said:

Date: 6/1/2020 

Worse.  She aged out even sooner. She can wait for the interview and see what happens.

Edited February 12 by manyfudge

[manyfudge 278]

6 minutes ago, NJCube said:

see which category she is in if you log into NVC porta

Does not matter so much - priority date was not current for much of that time.

 

If an interview gets scheduled, daughter should go.

[Redro 4,602]

2 minutes ago, NJCube said:

 

Hi,  

 

Thanks for the response. 

 

Not sure what you mean by DQ'd.  Yes, the NVC portal has opened, and I have paid the AOS and IV fees.  DS-260 and I-864 completed.  All documentation submitted.  The category is still showing as F22.  As far as i know, I've done everything I could and I'm just waiting to get the interview notification.   Is this a good sign that she might remain in the same visa category?

 

 

If you've given all the correct dates she has sadly aged out. So, it appears as if NVC does not automatically update the category. 

March 2024 visa bulletin 06/22/2020 so you might find out next month if she has aged out or not- she might be called for an interview or she might not. 

You need to keep in mind that the embassy in Spain might not have many interview slots for family members of permanent residents so the interview letter might arrive next month but it could be several months before you get a letter... or it could be several years before you get an update. 

DQ= documentarily qualified. When NVC accepted all your documents they would have sent an email using those words. 

 

 

[NJCube 2]

29 minutes ago, appleblossom said:

 

Your first post in this thread says the petition was approved in June 2023? Her DOB has also changed! If the petition was approved earlier then that doesn't help but I'd double check your dates really carefully and do a CPSA calculation yourself (there are online calculators you can use if you're not sure how to do it) just to be sure. 

 

Yes, I meant June 2023 was when we received an email from NVC that all documentation was approved.  My mistake.   Thank you

13 minutes ago, manyfudge said:

Worse.  She aged out even sooner. She can wait for the interview and see what happens.

 

Wonderful.  Thank you.  Keeping my fingers crossed.