patelmotel

Guys. Relax. CSPA is still same. Only thing changed is the "Automatic conversion from F3/F4 to F2b for an aged-out derivative beneficiary" has been stopped. So no more automatic conversion/retention of priority date. Aged-out = Over 21 AFTER APPLYING CSPA!

If someone's CSPA age is under 21 at the time PD is current, he is eligible. This supreme court decision doesn't affect CSPA. It only affects if the child is over 21 AFTER APPLYING CSPA.

I told u guys cspa is no longer

Wrong. That supreme court case was about Automatic conversion to appropriate category if a derivative child ages out (Note. After applying CSPA rule).

Example for F3/F4 category.

A derivative child is 25 Years old. CSPA age is 22 years. Now the child is not eligible to immigrate with parents as his CSPA age is over 21. Now child's petition is converted into an F2B category with SAME priority date as his parents. This automatic conversion rule has been reversed by the supreme court. But CSPA still applies!!!

BIG SET BACK for derivative child's under F3 and F4................

When Is It Possible to Retain a Priority Date for an Aged-Out Derivative Beneficiary ?

Only F2a petitions can automatically converted into F2b and no new petition is required.It retains its original priority dates.

but F3,F4 derivative beneficiary age out not able to retain their original priority date and parents need to file new separate petition under F2B........

What is your source of information? Can you post a link?

Now we are not eligible for CSPA?

CSPA IS CLOSED FOR F3 and f4?

What he described above does not affect CSPA eligible derivatives but age-out derivatives (Even after applying CSPA).

Hi it's depends on the petitioner's financial condition; if he/she is financially sound then I864 is needed; if his income is not enough to support by himself then he can give the support with joint sponsor and need I864A form . Situation is completely depends on petitioner's financial condition to choose the option .

Wrong. I864A is needed if sponsor fills out tax return JOINTLY with his/her spouse.

Petitioner Sponsor needs to fill I864. If he fills out tax return jointly with his/her spouse then his/her spouse needs to fill out I864A.

If income is not sufficient enough of petitioner sponsor, then another sponsor needs to fill out I864. If that sponsor fills out tax return jointly with his/her spouse then his/her spouse needs to fill out I864A.

Congrats!! Could u share some information about my confusion? Did u fill DS-260 online or was DS-230 okay?

We have never sent DS-230 as PD retrogressed in December 2010. We filled out DS-230 recently in January. Why don't you call NVC and get the correct answer?

Called NVC got IL date July 28th. PD 18th Dec. Finally the day has come!!!

Anyone recive i/l?

PD 18 Dec. No IL yet. It's too early to get IL. Expecting to get IL late next week.

Do they send back any kind of acknowledgement about i864 and DS260 that it is approve or not?

If we are missing anything how long does it take them to request more info?

They send case complete email after reviewing DS260. Not sure whether they send a physical letter or not.

Jolly...I have been reading your request for a while that please don't pay IV fees...I disagree with this...we small number of people on this forum cannot dictate speed of VB by delaying paying IV fees...DOS will have some other way to prepare for cut-off dates for VB...even if we do get successful in speeding up VB by delaying paying IV fees....what will happen when suddenly lots of people start applying for IV fee at same time? If DOS finds itself in that situation then they might retrogress the PD backwards...to me that is more dangerous then small steady increment in priority dates..at least that will give anyone a fair amount of estimate on when they can expect their pd to be current...because of this I would rather advice anyone getting IV fee bill to pay as soon as possible and complete their process...

I second that!

hi all..i am new to this group.i have one doubt about my visa petition status. i am in the F4 category. PD is february 25,2002. USCIS approval by august 2010.

i sent DS-230 and IV fees at that time. since then i am waiting , now they are asking DS-260 only for my mother,she is the principal applicant. And showing not applicable for me in ceac. my D.O.B : FEBRUARY 3, 1991 . Am i cover under CSPA act and what should i do next?

Your CSPA age is around 16 and was just 12 before retrogression. It seems you are eligible. It's weird that your name in not on DS-260 CEAC list. My case is very similar to you and my name is included in the CEAC DS-260 list!!

What to do next? Call NVC. If they leave it on the consular officer then your mom should let consular officer know that you are eligible as per CSPA during her interview. I have seen many such cases where the consular officer granted the visa later on.

It can only get better from here. Double retrogression chances are very very low. So be hopeful of steady movement of 1-3 weeks.

Only 1 week movement! Sucks... Have to wait another month now......

Just called NVC. No IL yet. Was adviced to check after a month! Representative didn't answer whether June scheduling is complete or not.

New package left for Mumbai today (May 06). Waybill: 8849908944

VB will come out on Monday or least likely on Friday. Having said that, we should be hopeful until EOD Thursday

@patelmotel :- If you have not received an email so far how come you are optimistic about your interview? Did NVC give you any prediction about your interview schedule. If you don't get an interview the bulletin will not progress even by 2 weeks!! It seems a bad news though!

I am optimistic because in recent past PD is moving at least two weeks per month and hoping that it will continue to move two weeks per month. That means my PD should be current in June VB. Last month NVC sent IL as late as 7-8th April. So we still have some time to be optimistic

what is your pd

18th DEC 2001. Just called NVC, no interview scheduled for me yet.

F3 PD SEPT04,2003. Received Interview letter e-mail. Interview Date June-16-2014.

Great news!! I am hoping I get an email today !!!

Quick question. Does NVC send everyone's packet together? ie. F1, F2A, F2B, F3, F4 and IR ?

Because I see that packets to India are sent today. Mumbai Waybill: 8847863006.

Anyone receive IL !!!

No one from F3 or F4 received it. I am going to call NVC tomorrow afternoon.

When your PD became current you were under 21 and you also submitted DS-230 within 1 year of PD being current. You seem eligible as per CSPA.

Called NVC today. Got standard reply. We are working on November 22. Weird. Because in last bulletin, current PD was December 08. How can they go backwards??

Well I am going to go with my gut filling and send i864 form my dad and i864A for me

Because we live at same house and I am joint sponser.

My income is enought to sponser them but I see a problem if I have i864 form me and same address for both of us.

As far as I know, I864A is for a person who files tax return jointly. (eg. Husband & Wife). Having same address doesn't mean you file your tax return jointly. I am sure they will ask you to fill out I864.

Question

Once I pay AOS -$88 fee do I have to wait for Affidavite of support? ( I am assuming I have to fill out i864 and i134)

this file is by my dad for my brother and so I will be joint sponser do I have to fill out i864 by my dad as well?

You do not have to wait. You can send i864 now. Both you and your dad have to fill out i864.

Hi,

I was wondering about how long will the process of immigrant visa for sister (F4 category) will take since sending I-130 till getting the visa.

I have been waiting for 11years and7months already!!!!!

Thanks...

What is your Priority Date? Is it September 2002? If that's the case then you should be waiting for at least a year from now, if not 1.5 years.