Jump to content

Rayos471

Members
 View Profile  See their activity

  • Posts

    20

  • Joined

  • Last visited

 Content Type 

Posts posted by Rayos471

    I130 for a daughter if petitioner has passed away

    in Bringing Family Members of US Citizens to America

    Posted

    You missed out this part:

    Residence for the Purpose of Section 204(l) Relief Eligibility

    • You “reside” in the United States if your “residence” is in the United States.
    • Your residence is your primary home or your “principal actual dwelling place in fact, without regard to intent.” (See section 101(a)(33) of the Act.)

    If you can show that your primary home when your relative died--where you were actually living--was in the United States, and it is still in the United States, you may benefit from section 204(l) relief.

    Is the daughter currently reside in US legally?

    The section does not mention anything about residing legally, if residing legally was a requirement, than it would make no sense since the intent is to obtain a green card to actually reside legally.

    She does reside in the states and was residing at the time of her father's death.

    I130 for a daughter if petitioner has passed away

    in Bringing Family Members of US Citizens to America

    Posted

    "petition pending" is what it says in the first line of that entire thing.... in OP it says case approved in 1998. like almost 20 years ago

    No it does not say that, it says "Petition was approved"

    What about the daughter getting married?

    One of the conditions of the petition she was under was that she must stay unmarried.

    She no longer has a path under her father's petition.

    The path would still be there under F3?

    Getting Married. If an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available. You must notify us of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

    I130 for a daughter if petitioner has passed away

    in Bringing Family Members of US Citizens to America

    Posted

    Isn't that an option?

    Petition was Approved

    If your immigrant petition was already approved before your relative died, the approval is automatically revoked by function of law (see 8 CFR 205.1(a)(3)(i)(B) and ©). Section 204(l) can still apply to a case that was revoked, so the revocation does not mean that your case is over. Rather, “revocation” and “reinstatement” simply provide a procedural mechanism that lets USCIS verify whether section 204(l) applies to your case and, if it does, to decide whether to exercise discretion favorably.

    When you request and are granted section 204(l) relief, USCIS reinstates the approval of the petition, so that you can continue the process of obtaining lawful permanent residence (Green Card). This is a technical difference because of how the law is written and other laws and regulations that existed before section 204(l) was enacted, but the outcome is the same: when section 204(l) relief is requested and granted, you can continue the immigration process. Processing times may vary, depending on where your file is located and other factors. See "How to Request Section 204(l) Relief“ for information on how to request section 204(l) relief.

    How to Request Section 204(l) Relief

    There is no form or fee to ask for section 204(l) relief. You need to make a written request with supporting evidence of eligibility to a USCIS office.

    • If your relative dies while the petition is pending, you should specifically ask USCIS “to approve the petition under section 204(l),” despite your relative’s death.
    • If your relative dies after the petition (for example, Forms I-130 or I-140) is approved, you should specifically ask USCIS “to reinstate the approval of the petition under section 204(l).”
    • If your relative dies while Form I-730 petition is pending, you should specifically ask the USCIS office that has your petition “to approve the petition under section 204(l),” despite your relative’s death.

    When you request section 204(l) relief, you must include:

    • Your name, your deceased relative’s name, and the names of any other beneficiaries on the same petition;
    • Your alien registration number (A number), if you have one;
    • Your deceased relative’s A number, if he or she had one;
    • The A number for any other beneficiaries, if they have one;
    • The receipt number on your petition or application;
    • Your relative’s death certificate (a certified translation is required, if not in English);
    • Proof of your residence (examples include, but are not limited to: lease/mortgage, utility bills, pay stubs, school records, etc.) at the time of your relative’s death up until the present time (note: only one of the beneficiaries on a petition with derivatives needs to meet the residence requirement); and
    • Form I-864, Affidavit of SupportUnder Section 213A of the Act, from a substitute sponsor or Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, if applicable.

    I130 for a daughter if petitioner has passed away

    in Bringing Family Members of US Citizens to America

    Posted

    Hello everyone,

    A relative of mine wants to know if she still has a path towards a green card with the following:

    Her father was a US Citizen and applied for her as an unmarried child over 21 years of age.

    The case got approved On August 13, 1998, we approved your Form I-130, Petition for Alien Relative

    HOWEVER, her father passed away and she also got married.

    What options does she now have?

    February 2015 Interviews

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    This has happened to all of us at the Juarez embassy. Don't stress, it's an easy fix. In the message that says that your case is not ready for scheduling, send an email to the email address provided. Put "Case not ready for scheduling" on the subject line just like it says on the instructions. Follow the instructions that it says on there: To put applicant's name and date of birth. Attach a copy of your P4 letter and send it. It takes them usually 4 business days exactly to get back to you and their response will let you know that your case is now ready for scheduling.

    If you send today, you should get a response by Wednesday of next week so try to do this today. Once you get their response, choose the first option that says "I want to register my immigrant visa appointment" in the drop-down menu and just fill in the info again. You'll be done in like 5 minutes scheduling everything, it's quite easy once you are able to access the system. Good luck!

    Great thank you!

    Also, do you know if I will be able to schedule that biometrics appointment like a day before the interview?

    Also - For you all that wen to Juarez, what hotel do you recommend? About how much per night?

    and my last question is, do they mail the Visa or can we choose to wait for it there?

    February 2015 Interviews

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Please help!!

    The Immigrant Visa case number provided is not ready to schedule an appointment. If you have not received an appointment letter from the National Visa Center (NVC), you can check the status of your IV case at http://travel.state.gov/content/visas/english/immigrate/nvc.html.

    I still cannot register at https://ais.usvisa-info.com/en-mx/iv/

    This is the next step correct? I have already received our interview appointment (P4)

    P4 letter received today for 2/5/15 Interview

    in Mexico, Latin & South America

    Posted

    My CC was on 1/5/15.

    I am the petitioner for my wife who lives in Mexico.

    I have a few questions and I am greatful for any help that I might receive.

    On the P4 letter it states that I should go to http://nvc.state/gov/interview and complete the 6 steps listed. However, that link is dead. I was able to figure out that the correct link should be http://travel.state.gov/content/visas/english/immigrate/immigrant-process/interview/prepare.html

    So far so good.

    On Step 2

    It says to go to http://mexico.usvisa-info.com However, that is also a problem since that link redirects me to

    https://ais.usvisa-info.com/es-mx/niv . Now, why would it take me to a Non-Immigrant Visa link?

    By navigating through that link I came across the other link, the IV Link which is https://ais.usvisa-info.com/en-mx/iv

    Now it would seem that this should all be simple, I should just be clicking links instead of trying to find where I need to be?

    Once I do login I get the following message "Warning: The information entered below must match the applicant’s passport and DS-160 application. Any discrepancy will result in delays in the return of the applicant’s documents." We did not filled a DS-160 since it is an IV Visa?

    If I ignore the fact that it points out a DS-160 and continue to "register" I come up to a question that asks me for the DS-260 Number, In this one I just put the confirmation number from the CEAC site in where I completed the DS-260.

    Have I done everything correct so far? Because I still get this error:

    The Immigrant Visa case number provided is not ready to schedule an appointment. If you have not received an appointment letter from the National Visa Center (NVC), you can check the status of your IV case at http://travel.state.gov/content/visas/english/immigrate/nvc.html.

    If you have received an appointment letter from the NVC or an instruction letter from the Consular Section in Ciudad Juarez directing you to this website to schedule an appointment, please make sure to correctly enter your IV case number.

    If you continue to receive this message, please send an email to the CSC support mexico_contactus+ivcasenumber@visaops.net with the following information:

    checklist response (split topic)

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    I got the exact same checklist on 10/31.. the same error, used AGI instead of Total Income.

    I can't believe I made this error, seems so stupid, but I did.

    So now I am about to send in the new I-864EZ and I guess my question was, "Do I need to submit all supporting documentation" with it, but I guess all I need is just the form itself and the cover sheet.

    My priority date is February 28th.. this has dragged on forever and just to think I have to wait another 60 days for the Checklist to get reviewed.

    I-130 feb 2014 filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Post Decision Activity

    On July 23, 2014, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    PD was February 28, 2014. I was originally at the NSC but was transferred on July 9th, 2014 to the CSC.

    Right at the 5 month time frame. I was NOT expedited and I nevere submitted to get expedited or made any phone calls at all.

×
×
  • Create New...