wadelmaki

I emailed the consulate and they responded with saying that our case is with the Consular Officer for review.

No, she did not hand the wrong passport and actually it does not matter where the visa is printed, I was just concern with the fact that when we registered with Loomis (for passport delivery) before the interview, we did put her original nationality's passport number as this what she had on her DS-260. At the interview the officer only asked for her Canadian Passport.

Thanks again.

Hi dweels76,

Thanks for responding. She was not handed 221g at the interview and the CO told her that we should have a copy of this document here! My wife does not remember what document it is, but she told me it is related to the petitioner.

I did check the CEAC today and it says "Issued" and under that it says ""Your visa case is currently undergoing necessary administrative processing." I am not sure what this means!

Regarding Loomis; I tried to go back and change the passport number & nationality, however this is not an option. Should we contact the consulate to get this corrected, or it might not be an issue?

Thanks

Hi,

My wife and kids (IR-1 & IR-2) had their interview on Friday of last week and I was not allowed to go with them. They did have different case number as separate petitions. My wife was asked to provide one document by the CO (she did not know what the document is) and the CO told her likely we have it here and will look for it. The officer handed her one welcome letter at the end of the interview and he said the case is approved. We tried to go back to the embassy to ask about this document, but were not allowed in. We have also tried to email them if we need to go back and they responded on Monday saying our cases are with the Consular Officer for review. I do have the following questions:

Is it normal that my wife was handed only one welcome letter and not three (my kids will become US citizens upon entry to the USA)?

My wife recently became a Canadian Citizen and still keeping her original nationality, however during the interview she was only asked for her Canadian Passport. Since we have registered with Loomis with her original passport information, will this cause any issues for returning the passport when the visa is issued?

Does the approval means that the CO was satisfied with our documents despite the fact he said there was one document missing? Should we get concerned?

During the interview my wife was not asked to pay the $165 for the green card; is this what suppose to happen?

Your assistance is much appreciated!

MA

Hi NLR,

Thanks for your reply. Were you, or someone yo know went through the same scenario?

Also, do you recommend that we update the embassy right now with her new citizenship, or wait for the interview? The reason why I am asking is when the embassy sends Packet 3, they request that you ask the applicants to send a copy of the passport which in my understanding is that it should the passport for her original nationality. Throughout the case my spouse was using her original citizenship!

Thanks again!

Hi All,

I have called the NVC today and they indicated that our case has been finalized and is waiting on visa interview schedule at the embassy of Montreal (IR/CR1). My spouse's original passport will expire in Feb of 2016, which is most likely will be less than 6 months of her interview. It is very difficult to get a new passport before that time.

Recently, my spouse became a Canadian citizen and I was trying to update her case with NVC, but they told me to wait for the interview so you don't delay your case. My question is will acquiring the Canadian citizenship will cause any issues for my spouse, and if not; can she use her Canadian passport for the visa stamping if granted?

Your help is greatly appreciated!

Hi All,

I have called the NVC today and they indicated that our case has been finalized and is waiting on visa interview schedule at the embassy of Montreal (IR/CR1). My spouse's original passport will expire in Feb of 2016, which is most likely will be less than 6 months of her interview. It is very difficult to get a new passport before that time.

Recently, my spouse became a Canadian citizen and I was trying to update her case with NVC, but they told me to wait for the interview so you don't delay your case. My question is will acquiring the Canadian citizenship will cause any issues for my spouse, and if not; can she use her Canadian passport for the visa stamping if granted?

Your help is greatly appreciated!

aaron2020 -

I think there was a reason that I posted in two forums, because I was not sure which one would fit my case best. I have mentioned that on top that I am not sure if opened a thread in the right discussion or not.

NO. WHY WOULD YOU CONSIDER COMMITTING IMMIGRATION FRAUD WHEN THE NVC ALREADY IS AWARE YOU ARE A US CITIZEN. THIS IS THE WORST THING FOR YOU TO DO - LIE TO US IMMIGRATION WHEN YOU HAVE LEGAL WAYS TO BRING YOUR FAMILY HERE SOON. TO BE FRANK BECAUSE I WANT TO HELP YOU - DON'T BE STUPID.

NO. WHY WOULD YOU CONSIDER COMMITTING IMMIGRATION FRAUD. THIS IS THE NEXT WORST THING FOR YOU TO DO - LIE TO US IMMIGRATION WHEN YOU HAVE LEGAL WAYS TO BRING YOUR FAMILY HERE SOON. IT IS ILLEGAL TO ENTER THE US ON NON-IMMIGRANT VISAS WITH THE INTENT TO IMMIGRATE. DON'T DO IT.

WHAT DUAL INTENT???? THERE IS NO DUAL INTENT. THEY INTEND TO IMMIGRATE WHICH IS A VIOLATION OF US IMMIGRATION LAWS. TELL THE CO YOUR PLAN AND THE CHILDREN WILL NOT BE ENTERING THE US AS VISITORS.

The F-1 family preference category is for when an unmarried child of a US citizen does not qualify as an Immediate Relative. Usually, it's when the unmarried child is over age 21.

THE NVC HAS GIVEN YOU INSTRUCTIONS ON WHAT TO DO, FILE I-130s FOR YOUR CHILDREN. YOU HAVE BEEN TOLD HOW TO EXPEDITE THEIR CASES. YOU HAE BEEN TOLD THAT THEY CAN IMMIGRATE WITH YOUR WIFE. YET, YOU WANT TO LIE. YOU MAKE YOUR CHOICE. WHAT IS THE BEST CHOICE FOR YOUR CHILDREN IN THE LONG RUN?????? LEGAL IMMIGRATION OR FRAUDULENT IMMIGRATION????

DO WHAT THE NVC TELLS YOU TO DO.

I don’t know where you are getting that I would like to commit a fraud on USCIS. I was not and have not been planning on doing that.

First, I have not told NVC that I am a US citizen yet, I phoned to ask few questions about my case and what are the next steps, and this issue came-up. To tell NVC about your upgrading, you have to email a copy of your citizenship certificate. SO, I AM NOT STUPID, and I will not do anything that will affect my family.

Secondly, about having my kids go to the States and finish their process overthere, what is wrong with that. I asked the question to check if there is a similar process to the spouse K1 visa (where you can have your visa process completed in US after she/he moves to the States and file I-130 & I-129F). So, my question is there anything similar for children, where you can continue the process from within US and adjust the status later on. WHERE IS THE FRAUD HERE? Please understand what people are asking for before you ACCUSE OTHERS.

Thanks for clarifying that F1 is meant to be for children over 21 of age.

aaron2020 -

Thanks for your help!

Few questions in mind:

Thanks

Can I ignore advising NVC with my immigration status change, and continue with the process as if I am a PR holder?

If my wife’s visa got approved after the upgrading, can my children fly with her to the States with their Canadian passports (as a visitors) and wait for the I-130 processing from within the US and then adjust their status? Or the US officer at port of entry will deny their entry based on the dual intent!

If F1 is not not applicable to my case, which cases are related to F1?

discoverusa

My children are under 18 and they can not get citizenship automatically unless they come to the US on an IV (either 551 stamp on their passport or obtain GC), because I became a citizen after they were born. What you have said is correct if I was a citizen before they were born.

Once you became a US citizen, the case for your wife was automatically converted. There's nothing you can do except do what the service requires.

You have to file separate petitions for your children. Request expedite processing based on the current status of your wife's case.

It has nothing to do with his kids.

It has to do with the fact that he is now a US citizen and no longer an LPR.

aaron2020 -

Thanks for your reply. How do you request an expedite the processing?

Also, the other question that I had, after their I-130 get approved, do they become eligble for an IV based on F1 catogary, which is currently held-up in 2006? If that is the case, what is point of me applying for my spouse? My spouse can not to the US and leave a toddler and infant baby for someone else.

I am really getting nervus!

I am not sure if I am posting in the right forum or not.

Hello All –

I am a bit confused of what to do and here is my story;

I have been a PR in the US since 2008 and I have applied for my wife I-130 back in 2010 (based on GC) and got approved in 2011. In the application I inculded my older son who was born in Canada in 2010. Our file hab been transferred to NVC for further processing and I have added my other son who was born in 2012 to the application as well. So, things are going smooth and now the visa number for F2A are current and we are only required to fill the DS260 form and then we will be scheduled for interview in US embassy in Canada.

Things start changing since I became a US citizen last week, and I thought it will then be going even smoother, however yesterday I called NVC to inquire about my case and what do I need to do since I became a US citizen. They told me I have to send a copy of my Citizenship certificate and my spouse’s catagory will be upgraded to immediate family, but my kids can’t be included in her application anymore and that I have to file a separate I-130 for both of them. This was completely new to me.

So, now I am not sure what to do, can I forgot about the upgrading part and continue with the process as a PR (I guess I have to inform NVC with my citizenship status)! If I have to apply for new I-130s for my two little kids, does that mean if the petetions are approved will they be in catogry F1, which is currently processing prioty dates in 2006.

I would liike some guidance and/or input.

Thanks

Hello All –

I am a bit confused of what to do and here is my story;

I have been a PR in the US since 2008 and I have applied for my wife I-130 back in 2010 (based on GC) and got approved in 2011. In the application I inculded my older son who was born in Canada in 2010. Our file hab been transferred to NVC for further processing and I have added my other son who was born in 2012 to the application as well. So, things are going smooth and now the visa number for F2A are current and we are only required to fill the DS260 form and then we will be scheduled for interview in US embassy in Canada.

Things start changing since I became a US citizen last week, and I thought it will then be going even smoother, however yesterday I called NVC to inquire about my case and what do I need to do since I became a US citizen. They told me I have to send a copy of my Citizenship certificate and my spouse’s catagory will be upgraded to immediate family, but my kids can’t be included in her application anymore and that I have to file a separate I-130 for both of them. This was completely new to me.

So, now I am not sure what to do, can I forgot about the upgrading part and continue with the process as a PR (I guess I have to inform NVC with my citizenship status)! If I have to apply for new I-130s for my two little kids, does that mean if the petetions are approved will they be in catogry F1, which is currently processing prioty dates in 2006.

I would liike some guidance and/or input.

Thanks

Silkafii88

When you say close the door and apply for N-600 what exactly do you mean by that. I know you have responded to another post by me last week.

Thanks Jay2Pnoy. It is a bit confusing when you read through the different laws!

It did not mention that you have to use N-600!

The only case I am sure off is when one of the parents became a citizen before the child was born, then the child automatically becomes a USC if born abroad.

Silkafi88, newacct, NINA80, Balio, Jay2Pnoy & Hypnos

Thank you for your feedback. It looks like most of you agreed on the fact that after they enter the US on Lawfull PR Status I can apply for their passports!

I was rerading through the 2000 Child Act and the following statements confused me a bit and I wonder if someone could explain the highlighted bullets:

Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the United States Citizenship and Immigration Service (USCIS) in the Department of Homeland Security for a certificate of citizenship if the following conditions are met.

• At least one parent of the child is an American citizen by birth or naturalization.
• The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it.
• The child is under the age of eighteen.
• The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the United States Citizenship and Immigration Service in the Department of Homeland Security and go through the naturalization process.

Thanks

I was reading through some websites and I have found the following, however it does not completely fits my case (since my children don't have green cards now):

When a parent naturalizes, his or her children may "derive" U.S. citizenship automatically, provided they have green cards and are under age 18 and living with the parent at the time. Becoming a U.S. citizen in this way has a special benefit: A child who gets U.S. citizenship through the naturalization of either or both parents does not have to participate in a naturalization ceremony.

The laws on the automatic naturalization of children have varied over the years. Whether or not you are a U.S. citizen is determined by the laws that existed when your parent's naturalization took place. These laws differ for the following time periods:

• parents who naturalized before May 24, 1934
• parents who naturalized between May 24, 1934 and January 12, 1941
• parents who naturalized between January 13, 1941 and December 23, 1952
• parents who naturalized between December 24, 1952 and October 4, 1978
• parents who naturalized between October 5, 1978 and February 26, 2001, and
• parents who naturalized between February 27, 2001 and the present

It is still confuses me!

When I filed the I-130 for the first time I included my wife and my first son. After my second son was born I have added him to the application as well. Our application was forwarded to the National Visa Center since May of 2011, but because of the visa availability for Green Card holders, we had to wait in a que. Recently, the family category for GC has been changed to "current", however I decided to wait till I acquire my citizenship!

Regarding your question, I did include an affidavit of support for each member.

I was hoping (as the IO told me) to be on the oath for August 16th, but I don't think that will happen. The good thing in Phoenix they have an oath every Friday.

I hope that you get an oath outside Davenport on a sooner date!

NigeriaorBust -

Thanks for your prompt reply. What valid visa means; does it mean any kind of visa (visitor, IV etc.)? Also, how do they become naturlized, do I need to file N-600 for them, or they have to satisfy some requirements of staying in the US, or this being determined at the port of entry?

During the I-130 process I submitted an affidavit of support for the whole family (filed I-864), do I need to file the waiver after I become a US citizen? Also, do you recommend continuing in the process of I-130 for them (obviously I need it for my wife)?

Your input is much appreciated!

I am waiting on my oath ceremony which might happen in the next weeks or months. I have two kids (3 years and 1 year) and they are born outside the United States. I have applied for I-130 for the whole family (based on Permanent Residency) and got approved in 2011 and currently I am waiting for interview schedule for the whole family. I decided to pause this process till I become naturalized then it will be shorter time for my wife to become a citizen in the future (3 yrs vs 5 yrs).

My question now; what will be the status of my two kids after I become naturalized, do they become naturalized as well or they have to be GC holder for some time. I know the rule is different when both parents are citizen as it is a lot easier. I was trying to make sense of the rule, but it is a bit complicated.

Could perhaps someone give me an answer?

VanessaTony and Azure30; have yuou guys heard anything for yor oath?

Good luck on the interview Caramel Y! Your interview date happens to be on my birthday so I'm sure all will go well for you

Terry -

Congratulations for your quick processing, you are almost at the end of your journey!

Question for you; did your online case status changed between July 23 to 26 (I mean something like Decision made or in line for Oath)É

Thanks

Anyone applied for Naturalization in Phoenix to provide some insight!