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EireneFaith reacted to aaron2020 in Can you include an unmarried 21+ yo child on a I-130?
There's no way for them to come together. Derivative beneficiaries are not allowed when a USC petitions for a parent.
The fastest way is NOT to wait for the father to become a US citizen to petition the son. The fastest way is for the green card father to file for his unmarried son over age 21 in the F2b category. The current wait is 5 years. Historically, it's about 7 years.
Separation is unavoidable when it comes to US immigration.
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EireneFaith reacted to Canerican in to automatically have citizenship, the child must be under the age of 18,I hope, will I have American nationality? (merged threads)
In my opinion, if your case is straight forward, I would drop the lawyer. You should not have to feel like you are going to upset him. As stated earlier, he works for you, not the other way around. This lovely forum is full of people who not only have been through the process but are very knowledgable due to length of time on this forum.
if you drop the lawyer, you or whomever is paying for your lawyer, will save a lot of money.
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EireneFaith reacted to aaron2020 in IR-2 Minor child pregnant and aging out
Your pregnant stepdaughter has two paths to immigrate to the US. You can pursue both.
1. Continue with the IR-2 petition and hope that she can get a visa before the child is born. If she does great, she can give birth in the US. If she doesn't, then you go to the backup plan below.
2. Have your LPR husband (DO THIS BEFORE HE BECOMES A US CITIZEN) file an F2a case TODAY for his daughter. Derivative beneficiaries are allowed in F2a cases. She would be allowed to immigrate with her baby as long as the biological father is okay with it. This case will take about a year or two. Get the clock running NOW rather than let the daughter immigrate on the IR-2 without her kid and have to turn around to file an F2a case for her baby. If your husband becomes a USC after he files an F2a case, it will not affect the case since she can retain the F2a category.
Best of luck.
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EireneFaith reacted to aaron2020 in IR-2 Minor child pregnant and aging out
Sorry, pregnancy is not a valid reason for an expedite.
If the baby is born before she can immigrate, she will have to immigrate alone. Once she enters the US to receive her green card, she can file a new I-130 for her child. She will also want to file for a reentry permit allowing her to leave the US to go live with her child while the case for the child is processed.
Best of luck.
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EireneFaith reacted to Abdullahussaini in Question about F4 category (split)
Hello Good evening.Hope every one is well.if principal applicant is no more in F4 category can we still proceed with the process? Although all the documentation and interviews was done but due to covid our second interview was cancelled unfortunately Principal applicant passed.Any advices pls kindly support
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EireneFaith reacted to NancyNguyen in I 130 Approved in 2 days - is this real?
They accepted it, it doesn’t mean approval.
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EireneFaith reacted to SusieQQQ in Bringing my wife's sister and child to the US
Still unanswered. This is a pertinent question as to whether your wife’s sister will actually be able to bring her daughter with.
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EireneFaith reacted to SalishSea in Bringing my wife's sister and child to the US
What do you expect them to do? Do you understand what numerically limited family preference visa categories are?
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EireneFaith reacted to geowrian in Bringing my wife's sister and child to the US
Just to clarify, she and her child will get one. You have no role in the tourist visa process (you can elect to pay for the fees and cover travel expenses, but that's separate than qualify for the visa).
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html
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EireneFaith reacted to geowrian in Bringing my wife's sister and child to the US
You can write, but there is literally nothing they can do unless they change the law.
The issue is not processing times but there are only so many F4 visas available per year, and there are many, many, many more applicants ahead of you in line. There is no way an F4 visa can be issued before a visa number becomes available.
Expedites, emergencies, etc. cannot change this.
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EireneFaith reacted to SusieQQQ in Bringing my wife's sister and child to the US
No, it’s purely based on priority date. There is no way to jump the queue. Sorry.
I edited my initial response to add details of the nurse route.
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EireneFaith reacted to geowrian in Bringing my wife's sister and child to the US
Was she born in PH (based on your flag)? if so, the wait is much, much longer for a sibling. Check the Final Action Dates for F4 in the visa bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
People who filed in Sept. 2001 are just becoming eligible for a visa now. That was 19 years ago. In another 19 years, the wait will likely be even longer...so expect like 25+ years IMO.
No, there is no other family-based visa you can petition them for.
They can obtain a visa on their own if they qualify. The nurse option is a valid one...my Filipino wife knows quite a few nurses who did that. it's not "quick", but it's certainly much quicker.
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EireneFaith reacted to larrywn in Bringing my wife's sister and child to the US
Wow, Thank you. Can I write my congressman to see what he could do?
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EireneFaith reacted to SusieQQQ in Bringing my wife's sister and child to the US
Sorry to have to say this, but sibling visas for the Philippines are actually much longer: visas are currently available for petitions filed in September 2001. If you filed 6 years ago, you probably still have another 13 years or so to wait, possibly longer. There is no other family visa route unfortunately and you cannot jump the queue. The nurse route is an option, requires her to get a bachelors degree in nursing, write the US conversion exam and find a sponsor for an employment based green card (there are agencies for this), is this feasible given her age and qualifications? Tourist visa will not allow her to live in the US.
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EireneFaith reacted to SusieQQQ in to automatically have citizenship, the child must be under the age of 18,I hope, will I have American nationality? (merged threads)
As lil bear says above. Though would mention that your lawyer is a professional and this is a DIY site so not sure what you mean by looking for “more professional” information? Your lawyer should also be able to explain the details of the process.
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EireneFaith reacted to SusieQQQ in F4 Visa cap per nationality: help me understand it please
There is an annual overall quota for F4, and they use priority dates to cut those off so Tunisia, falling under “all chargeability...”, uses those priority dates in the visa bulletin. There is no benefit or disadvantage within this group of being chargeable to any particular country. The countries with separate cutoffs as you note are because they hit the 7% annual cap, but that just means they have different priority dates in use - so a longer wait than everyone else - for those countries.
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EireneFaith reacted to Lucky2Lucky in Trump Public Charge Rule - Health Care
And wouldn’t we all “like” to have “free public health care”. If you can’t afford yourself one questions why you are able to bring others to this country 🤷🏻♀️
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EireneFaith reacted to Unlockable in son under 21
Nobody becomes a US citizen automatically unless they were born inside the US.
We need a lot more information like how did your son obtain his visa and who sponsored him. Assuming it was you who sponsored him we need to know YOUR status also.
But more than likely your son will not become citizen for a few years. It is a process that takes time and money.
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EireneFaith reacted to aaron2020 in can a green-card holder petition for his/her spouse who is F-1 student without having the spouse while the spouse remains in US?
The F2a ban does not affect the OP. The ban is on granting immigrant visas. The OP would be seeking an adjustment of status which does not involved visas.
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EireneFaith reacted to SusieQQQ in Validity of notary of relation certificate
But they can’t do this in advance - only after they get an RFE from uscis.
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EireneFaith reacted to geowrian in Validity of notary of relation certificate
A notary generally verifies signatures, not relationships.
If the birth certificates show a common parent and were timely filed (not many years after birth), they alone are generally sufficient for demonstrating a relationship. If not, hoe stay I would just go the DNA route. Just make sure it is a properly certified lab (AABB I believe).
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EireneFaith reacted to portorusa in Validity of notary of relation certificate
Why a notary to prove the sibling relationship? Why not just the birth certificates listing the same parents?
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EireneFaith reacted to SusieQQQ in Girlfriend is LPR, I’m a F1 student, when to file?
F2A (spouse of permanent resident) category is current now, so to all intents and purposes it’s pretty much equivalent to filing as spouse of USC. You can get married, and file 130 and 485 simultaneously. It will take some months to get employment authorization based on the 485. if you look at the top of the page you will see a “guides” section that will help you demystify the process. You can post follow up questions if anything not clear.
You talk about an “early naturalization window” - that is only for filing. She cannot become a citizen before 5 years is up. Note that it may take much longer than that, some FOs it takes around a year to complete the process.
Note fees going up in October as well. I believe that AP/EAD which used to be free filed alongside 485 will now be charged separately too.
All that said: 7 months is not that long of a time. Make sure you are getting married for the right reasons, with immigration considerations secondary.