KIMMMMMM
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Posts posted by KIMMMMMM
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So my parents (permanent residents) are planning on filing a petition for my sister (unmarried over the age of 21) which would fall under F2B. The case is this, my parents were petitioned by my Dad's brother way back in 1985. On that petition, my sister was also listed as a derivative beneficiary. Unfortunately, she aged-out by the time my parents were granted their US Visa back in 2008.
Now i've been doing a few research and i've seen articles about Priority Date retention on cases like this...
http://www.kenreyeslaw.com/blog/2014/october/retention-of-priority-dates-for-certain-aged-out/
Is this really the case? Once we file for my sister's petition, can we really request for a Priority Date retention since she was a derivative beneficiary on a prior petition? I'm hoping someone else out there has had experience with this type of case...
Thanks so much!
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Sorry it will take years before she can get in the US.
Your dad could've filed for her years ago when he got his GC. Why the wait?
Your $$ are worth more in the Philippines so she can get the best treatment you can afford there rather than in the US.
Good luck.
That's exactly what I told him. I was too young that time barely out of college when he got his GC so I didn't really know anything about the process.
Just got familiar after I got here.
Anyway, so there's nothing else we can do to expedite her application?
Thanks so much for the feedback.
…Thank you so much for all your responses.
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Hi All,
My dad is ready to apply for his Citizenship any time now.
Actually, we already are preparing for his application.
After his citizenship is granted, we are planning on getting my over 21 sister from the Philippines.
I know this process would take years to complete, however, she was recently diagnosed with a heart condition.
She was confined in a hospital in the Philippines and the diagnosis was heart attack.
They were then referred to the Philippine Heart Center in Manila.
Now i've read from the USCIS Website that unmarried sons and daughters can be eligible to apply for a nonimmigrant K-4 VISA.
My question is this, can we actually ask for an expedited processing for her application and reason that we would want her condition checked in the US?
How long does a K-4 VISA usually take to get approved?
Can my child come to the United States to live while the visa petition Is pending?
If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.
If you are a lawful permanent resident (green card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the “V Nonimmigrant Visas” page.
Thank you so much! -
i suggest they should not wait for the case to be start processing by nvc but they should get ready all the documents with in the next four weeks if possible........and their case will be affected only if they can complete thier case while visa bulletin shows current. but if they can not complete their case on time and visa bulletin shows a cut off date( which is not current for them) then they have to wait until their priority date becomes current........so they should be ready with everything
Yes, they're getting things ready now. But what I mean is they need to complete their documents while waiting for a notification from the NVC asking them for the documents?
Or should they call the NVC and inquire about their application if a case number has been assigned? She is already 21 years old last April 2013 and they are anxious she may have aged-out that's why they want to start processing their documents. It's almost the same case as mine. I'm 22 when I went to the US and the only reason I still got covered is because I was granted under CSPA.
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yes u have to wait untill nvc received your case from the service center, but it will be very helpful if you get all the required docs ready including passport and police certificate on hand. this way soon they ask you will be able to send it to them. they should call nvc everyday and as soon as they create a case # they should give them their email as a communication source. thanks
Thanks so much. Makes more sense now.
So just to summarize things up, they need to wait until NVC assigns a case number for their application and while it's being processed, they can get their requirements ready.
So in a sense they are not affected by the CURRENT status of the Visa Bulletin unless a case number has been assigned to them and a communication with them has been established by the NVC?
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Since she is not in the US, she must wait for an approved I-130 to be sent to the NVC before she can apply for an immigration visa. The time to approve the I-130 has nothing to do with a current PD. it simply takes time. For example, a visa number is available to Immediate Relatives of US citizens, but it still takes 6 or more months to get the I-130 approved before the person can apply for a visa.
There is nothing she can do until the I-130 is approved. She has to wait for USCIS to do its job before the case is sent to the NVC.
Contacting the NVC when the I-130 has not been approved is useless since they haven't even gotten the case yet from USCIS.
Makes sense but i'm still confused. How do they know the status of the I-130? Because with the last letter they got was the I-797 NOA2 which is the approval saying that the Petition was approved and the case has been sent to the NVC for further processing.
Is this any different to the I-130 Approval that you mentioned? It was also stated there that they need to wait at least 30 days before contacting NVC about the case and it's been 30+ days now.
Thanks so much!
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Adjustment of Status can only be filed if the beneficiary's i-130 is approved and is in the us legally with temporary visa. everything is going so fast and try to finish the nvc process as early as u can. if they can complete the case with nvc in the next 2 month there is a great chance to get an interview date shortly after.......thanks
I see. But what if she hasn't received any new updated from the NVC yet about her case? The last mail they got was the I797, NOA. Does this mean that even if the Visa Bulletin is CURRENT, she cannot do anything unless the NVC sends a mail requesting for her documents? By the way, also is it okay for them to call NVC or should they just wait for the NVC to contact them?
Thank you very much for the help and prompt response!
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If she is legally in the US on August 1, then she can file the I-485. There is no need for her to wait for the I-130 to be approved.
If she is not in the US or is illegally in the US, then she cannot file the I-485.
Incorrect.
If he is legally in the US when his PD is current, then he can apply to adjust. There is no need to wait to for an approved I-130 to file the I-485 when the PD is current. This is like a concurrent filing.
She is not in the US right now and she's never been here either. She's still in the Philippines waiting for the processing of her VISA Application to finish.
So does this mean that she cannot file for Adjustment of Status? The last status i've heard is that they received the I-797, Notice of Action.
She has a priority date but i'm not sure if she already has a case number.
If the VISA Bulletin for August is CURRENT, what can she do to expedite her processing? Thank you so much for the response!
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Even though the PD is current , His application needs first to be approved at USCIS!
Yes, I understand that. Her case is already approved. They already received the the I-797, NOA letter saying that the application has been approved and that it was already forwarded to the NVC for further processing. Now what I want to know is after receiving this I-797, can they file for the Adjustment of Status?
Thanks for the response!
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Hi All,
I am asking not for me but for a family friend who's petitioning for their daughter. I just moved in to the US last February and I really want to help them out.
So we've been monitoring the Visa Bulletin and it turns out it's CURRENT this month for F2A. Now I was told that they just received the I-797, Notice of Action last June 2013. Now with the Priority Date becoming CURRENT, can they directly file for an I-485 (Adjustment of Status)? I can remember our processing that we got a letter from the NVC asking for the documents including DS230. Is this gonna be the same case for them? Should they wait for that same letter or can they directly file for the I-485 even though the NVC haven't asked them their daughter's documents (Birth Certificate, Passport, DS230, Police Clearance, etc) yet?
Thanks a lot!
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Hi all,
I just got my VISA Approved last January and now we're about to leave for the US this coming Monday.
I am from the Philippines and I am migrating with my younger sister. We were both sponsored by our father.
Anyway, i'm quite concerned regarding the possible scenarios which we may encounter on the Philippine Immigration before boarding.
What are the possible questions which they could ask of us? And are there documents which I need to prepare for them?
Also, I would like to know if we'll be required to have a certain amount of Dollar Notes as 'show money'?
I understand that the VISA Packets should be placed on our carry-on baggage.
But aside from that, are there any other documents which can be asked of us?
And can someone please give us a quick list of what type of questions the immigration officers may ask?
Thanks a lot. Cheers!
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were you the one that posted PD 19JUL10 got the interview!?!
ARRRGHH!
Yup, that was you!
Oh yes that was me! I'm so sorry I got confused with the PD's. The whole time I thought my sis and I have the same PD but apparently, her's was four days earlier. Hehe.
:bonk: -
In the Philippines, F2A with PD July 19, 2010 already has interview schedule (November 26).
We have already one person with PD 19JUL2010 got an interview letter. So the PD has reached to 22Jul2010 irrespective of whether you get the interview or not. I wish you a good luck.
hey guys! sorry for this, apparently my sister who already has her I/L scheduled for November 26 has her PD 10JUL2010.
I called the NVC earlier today to confirm this and i don't think the current PD for this bulletin will reach 19JUL2010 (my PD) since I don't have my I/L yet. So i'm guessing it's gonna be until 15JUL2010. (Philippines)
Sorry for the wrong info I posted earlier this week.
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Hi guys, I was just wondering in what order do they send out Interview Letters? I mean is it by PD, alphabetical name, or by ascending Case No? Since my sister and I are under the same priority date so how come she already has her Interview Letter and I don't.
PD 19JUL2010
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a friend of mine walked-in the embassy to hand-carry his opt out letter and was entertained. he got an approval on the same day.
try to call them first if you're having 2nd thoughts.
I see, thank you very much then. You have helped me a lot. Please pray for me.
God bless you! 
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you can try.
Thanks. By the way, do you think it will be okay to just present myself at the embassy without a scheduled appointment? :/
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you can personally go to the US Embassy. since, your PD is already current, they can already compute if you're still eligible for CSPA or not. good luck.
Do you think it may be possible to call them regarding this case? Thanks for the response.
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My sister and I are both under processing for our petitions. Our PD is 19JUL2010 and she already received her Interview Letter earlier today set for November 26. However, I haven't received mine yet. Is it possible that since i'm already 21yo at the moment that they won't be sending me my letter? If so, does anybody know how i'll be able to apply for the CSPA? Thank you very much. I am hoping for favorable response from you guys.
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Our PD is JUL 19, 2010 from the Philippines F2A Category and my sister already received her I/L set for November 26. However, I haven't received mine yet it may be because i'm already 21 at the moment. How do I apply for the CSPA?
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you need to request for a new copy of your Notice of Action from USCIS. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dd153591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
I see. Thanks. Just one question, is the notice regarding the approval of the Form I-130 in the form of an email or is it a physical letter sent by the USCIS to my sponsor? I understand that my dad did not file a form G-1145. Since my dad's email inbox has been wiped out months ago, I could not ask him to look for it on his inbox. Thanks lot for helping. May god bless you!
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you can go om line.uscis check case status online, need your case number,did you file G-1145 along with your 1-130 then you may get E.MAILS.or nvcinquiry@state.gov
I tried the My Case Status under the USCIS website but when I entered my Case Number, I get this error message:
Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.
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you can go om line.uscis check case status online, need your case number,did you file G-1145 along with your 1-130 then you may get E.MAILS.or nvcinquiry@state.gov
It was my dad who filed our I-130 so I'm not really sure whether he filed the G-1145 as well. But i'll ask him.
Thank you very much for this response. I'll try it out. God bless you!
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Hi everybody,
I am currently 21yo and my PD is expected to become current within the next two months.
I saw the rule about CSPA and I am hoping to be able to be able to avail of it's new provisions.
However, my dad seemed to have lost the previous emails from the NVC and I don't know where i'll be able to find my Approval Date (for Form I-130). My question is: Are there any other ways for me to be able to retrieve the said date like maybe an email request sent to the NVC? I am quite nervous that it may be needed if ever I get to be interviewed for the CSPA.
I only have my Case Number, Priority Date, Required Documents, and a few emails from NVC.
Thank you very much! God bless us all!
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The person you indicated on the Choice of Agent form will receive the email.
I see, thanks very much!
Retention of Priority Dates
in Bringing Family Members of Permanent Residents to America
Posted
That's too bad. But thank you so much for the info.