f1660114

I can't file any thread that fits my situation so I post it here for help. I filed I-130 for my spouse around 4/2018 (and listed my kid as derivative) and it already got approved in 10/2019. My second kid was born just before I got naturalized in 10/2019. Do I have to notify NVC about my new status and how to petition for my 2 kids since they are no longer eligible for derivatives? Thanks so much for your input.

On 8/22/2019 at 6:50 AM, dumiduda1990 said:

Hi! I have posted my updates in other threads and updated tracking spreadsheet for references, but wanted ask about a concern a fellow VJer has posted.

 

Here's my timeline posted:

Timeline - Nebraska Filing Center

10/25/2018: I-751 Filed Jointly 

12/06/2018: NOA 18-month Extension Letter

07/01/2019: Bio Appointment

07/23/2019: Divorce Finalized

08/10/2019: Package sent to switch to Divorce Waiver

8/20/2019: CARD PRODUCTION status update

 

Here's what a fellow VJ has commented:

I think it's a valid concern but I also hope they have already seen my waiver request. When I first submitted ROC, the package was delivered on 10/25/18 and check cleared on 10/30/2018, with 5 days in between. My case seemed to have been approved 10 days upon delivery. Do you think I'm safe here? If not, should I call USCIS for an inquiry?

Hi dumiduda1990,

I wonder if you ever inquired USCIS for information to follow up with your case? I guessed you are still not eligible for filing N-400 yet to find out if they ever reviewed your divorce paper before adjudicating your I-751. I found this topic quite relevant to your case 

where the OP notified USCIS about their divorce and USCIS tried to confirm if OP needed to convert their joint I-751 into waiver case. Hopefully you can find out soon whether or not the I-751 was properly adjudicated. And please come back to share your experience. Thanks dumiduda1990. 

2 hours ago, Brunosss said:

Hi guys!

I had a waiver interview, it was very smooth, the officer told me that he was going to mail me his decision. My attorney asked for a timeframe and his said that they were a little bit behind and he couldn’t give us a specific timeframe.

My interview was on Aug 29 and I haven't receive any news until now.

Any thoughts?

If the interview was very smooth, I would not worry that much. Wait it out a little bit more and you will see the final decision very soon, hopefully in a couple days. Wish you luck and cheers!

4 minutes ago, cute_pretzel said:

I believe USCIS will scan all documents they receive. They may not process the waiver request, but they'll have the documents in file. For cases like this that went wrong with N400, it would be at the fault of USCIS, not the applicant. But yeah, I won't expect them to own their errors...

Even USCIS is at fault, it might still take time for them to sort it out and a delay is expected. Again, hopefully USCIS approved the waiver request already.

8 hours ago, dumiduda1990 said:

 

This morning I received an email status update - CARD IN PRODUCTION!!!! 

 

Timeline - Nebraska Filing Center

10/25/2018: I-751 Filed Jointly 

12/06/2018: NOA 18-month Extension Letter

07/01/2019: Bio Appointment

07/23/2019: Divorce Finalized

08/10/2019: Package sent to switch to Divorce Waiver

8/20/2019: CARD IN PRODUCTION status update

 

Good luck to everyone!!

I would worry a bit since the time you submitted the divorce waiver to the time you were approved are kind of sort so they might not "process" your waiver and approve your "jointly filing" instead (there are cases that I had known from this forum). And if that is the case, you will be getting into trouble in the future with N-400. But I hope they already "process" your waiver properly. Cheers!

On 6/14/2018 at 11:56 PM, f1660114 said:

IO handed out form N-652 stating that "you passed the test of English and U.S. history and government" and said I can't make decision because your I-751 is not adjudicated yet.

Sorry I was too busy to keep you guys posted. My friend got I-751's approval letter on 7/31/2018 and Oath letter on 8/12/2018 for 8/24/2018 ceremony. So everything went well eventually.

My spouse is stationed in Texas from May 2018 to November 2018 while I chose to live with his family in California. Does he need to sign my I-751? Thanks so much for your input.

4 hours ago, Tc123 said:

So she did have the N-400 interview and she passed but IO couldn’t approve her because of I-751 is still pending? or they told her to go back right away and they will reschedule her?

IO handed out form N-652 stating that "you passed the test of English and U.S. history and government" and said I can't make decision because your I-751 is not adjudicated yet.

12 hours ago, AK_2014 said:

The dates are all in my VJ timeline; just check my profile for full details (and as I mentioned, the N-400 interview has not yet been rescheduled).

Ohh I got it. Thank you.

1 hour ago, AK_2014 said:

Unfortunately, this sounds like what happened to my wife last November in Chicago. The officer refused to conduct the N-400 interview because the I-751 had not yet been adjudicated. In December, she had an I-751 interview, which we both attended and she passed, easy. But we're still waiting for her N-400 interview to be rescheduled.

Can you tell me what date was your wife's original N-400 interview, I-751 interview, and rescheduled N-400 interview? Thanks so much as I want to give my friend a rough idea of how long she gonna wait.

4 hours ago, Tc123 said:

That’s really weird! Did your friend’s spouse go with him/her? But I heard another similar case from SF office too, that they didn’t interview her for N-400 because her I-751 is still pending. Did they just change the policy recently? Because I’m supposed to have the N-400 interview this month too and they sent me another letter saying that my interview had to be canceled due to unforseen circumstances!

Her spouse and two kids accompanied her to the interview. Can't do nothing but waiting now. Any advice?

My friend's I-751 case was filed on 8/19/2016. She just had the N-40 interview earlier today at Santa Ana office and the IO did not carry out the I-751 interview concurrently. IO said that my friend had to wait until her I-751 was adjudicated before the N-400 was approved. It was different from other members' cases where the IO combined the interview for both I-751 and N-400. What is the best things my friend should do now?

My case is just approved today (joint filing, NOA1 8/29/2016, CSC, not filing N-400, 2 infopass stamp: one expiring 12/12/2017 and another one expires 11/30/2018).

Hi VJers,

I have a question regarding how to return an incorrect green card to USCIS. I have received a green card with my name not correctly printed and I filed I-90 online via ELIS. Since that is USCIS error (my name is printed correctly in all USCIS correspondences as well as approval notice), the filing fee is zero. However upon filing, I could not find any instruction for returning the incorrect card to USCIS (if you filed I-90 in paper, you need to attach the wrong card to USCIS). Anyone who has the similar issue please share your advice. Thanks.

Yup congrats. They flagged your case as potential one to waive the interview (many K1 cases got interview waived). Enjoy your new status.

On 7/1/2017 at 10:59 PM, tina1508 said:

Does anyone have any news?  I'm in the same situation.  My pd is 04/20/2015 and I'm 21 and 8 months now, but I applied I485 when I was under 21.  Still haven't received any interview letters.

I see your PD was current in March 2017. At that time you were 21 and 4 months, weren't you? How long did it take for your I-130 to be approved? If your I-130 had taken long enough to be approved (6 months or the longer the better), you would have become eligible for GC provided your I-485 was called for interview and approved.

On 7/6/2017 at 11:58 AM, tina1508 said:

I applied i485 when I was under 21.  They said I need to wait till my priority date become current under F2b  before they resume processing my case.  My understanding is that as long as i485 still pending, we would be able to renew EAD and stay in the US.

I think you are right. You would still continue to be eligible for continued employment authorization until the F-2B category becomes current.

16 hours ago, Melissa19886 said:

Hello guys, 

I just received my denial letter for my naturalization. The reason however makes no sense, I lived in Chicago since moving here from Ghana and went to Ohio for college. I applied for my citizen using my Chicago address. I got denied based on the fact that I hadn't lived in Chicago 3 months prior to applying for my naturalization. There were so many errors I my denial letter one being that they said the college I went to was my job . I'm so sad and confused and thinking of getting lawyer to appeal . PleAss advise. 

IMHO, I think the following exception applied for OP's case:

"https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html"

3. Students

An applicant who is attending an educational institution in a State or Service District other than the applicant's home residence may apply for naturalization where that institution is located, or in the State of the applicant's home residence if the applicant is financially dependent upon his or her parents at the time of filing and during the naturalization process.

15 minutes ago, Coco8 said:

I had never heard of this. I thought any LPR could petition spouse regardless for how long they had the GC.

 

Is this because he was married before?

 

 

Sorry Coco8, I should have quoted the full sentences from I-130 instruction: LPR may not file I-130 for a spouse, if they gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless ...

2 hours ago, Tracy-->NY said:

What visa did you come to the US on? How long were you married?

OP mentioned he needs to wait until 2020 to get his USC so most likely he just got married like 2 3 years ago and holding his LPR like 1 2 years ago.

@ OP: you are not eligible to file for your spouse now, unless:
A. You are now a naturalized U.S. citizen;
B. You have been a lawful permanent resident for at least five years;
C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you
gained your lawful permanent resident status) in order to evade any U.S. immigration law; or
D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former
spouse;

3 hours ago, geowrian said:

1. If he left in 2010 and is 22 now, then no way he was over 18 at the time...
   1. "My family and I lived in Florida for 10 years illegally and then we moved back to Canada in 2010. ......I'm 22 now."
2. Sounds like he wasn't issued an I-94. As such and being a Canadian, he was granted Duration of Stay (D/S), so a bar due to unlawful presence was not possible (unless a decision was made that he was in the US lawfully, then unlawful presence starts accruing).

To advocate your findings, even if he was not granted D/S status, he would have not accrued unlawful presence until he reached 18 years old. This is to affirm he is not subject to 3/10 year-ban.

8 minutes ago, fazal said:

I'm sorry this is confusing.... what if i file their separate  i-130 now and if i get my US citizenship by feb 2018. what will happen to their separate  i-130  which i will be filling with my LPR Status? does their i-130 does not move to priority date as i will be citizen?

 

 

thanks 

 

If you can file two I-130 for them right now ($1,070 total), when you already became USC and after I-130s are approved, you can request NVC to upgrade their F2A to IR1/IR2.

34 minutes ago, Loii said:

1. Is the consular officer right about me having zero chance on having a U.S. Citizenship? Yes

2. I was born in-wedlock, my father (USC) is on my birth certificate, do I really need to have blood relationship with him to be able to get a U.S. citizenship? You really need to be biological child to get acquired citizenship or at least to be an adopted child to get immigrant visa to enter US.

3. Am I eligible for naturalization through INA 322 if I apply now? I was under 18 on Feb. 27 2000 but my adoptive father (USC) died in 1991. You would have become a USC if you had entered the US with an immigrant visa before you were 18 years old (no naturalization needed).

4. Is there any other option for me to take to be able to acquire a U.S. Citizenship? No to my knowledge

 

Reference at https://www.uscis.gov/adoption/your-child-immigrates-united-states

4 hours ago, BiALawyer.com said:

Since you are a US Citizen now and the child is born within the 2-year window of your Spouse Immigration Visa the child can come with her on Visa Waiver.

 

Sorry I don't mean to confuse the OP any further as well as not intend to offend against your finding but after googling your finding, I found this https://fam.state.gov/fam/09FAM/09FAM020102.html

"(3)  Certain Alien Children Not Required to Obtain Visas: 

(a)  The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa if the child is:

(i)     Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; Since the kid was born before the mother's visa issuance, I really doubt the OP's case does not apply here or

(ii)    Born during the lawful permanent resident mother’s temporary visit abroad provided that:

·         Admission is within 2 years of birth; and

·         Either accompanying parent is applying for readmission upon first return after the birth of the child."  This case also does not apply to OP's situation because the mother is not LPR yet. I knew one study case like this before. Both father and mother are LPR. They went back to their home country for a temporary visit. Due to the medical condition, the mother could not go back to the State to give birth so she had to make it in her home country. In that case, the newly born child (without a visa) can go back to the State with their parent any time before the kid became 2 years old.

I found no part that applies to "2-year window of your Spouse Immigration Visa" like you said so I just doubt it. Again that is just my $0.02. OP should still consult the Embassy as advised. And please come back to share your experience. Thank you.

1 hour ago, Coco8 said:

"If the baby had been born after she got the visa/green card, the baby could get one automatically, but it seems she got it after the baby was born."

This is true if and only if the father remains the LPR until they both (mother and son) make entry to the US. If the father becomes the USC before the two enter the US, his wife's visa remains valid (upgraded from F2A to CR1/IR1) but his son's derived visa becomes void because there is no underlying I-130 filed on behalf of his son. In other words, his son cannot be a derivative of his wife's visa if he is a USC. Just my two cents, any comments are welcome.

1 hour ago, Coco8 said:

Anyway, the worst thing that could happen is that you come to the US with the baby and you submit a form to USCIS.

Can you rephrase this sentence so I can understand that? In my humble opinion, the worst thing I can see here is the father needs to file a seperate I-130 for his son to come to the US later.

7 hours ago, fazal said:

If I wait until i get US citizenship and file for spouse and son fees would be same? and have to file separate i-130 as well?

 

thanks

 

 

 

You must file two I-130, $535 each if you wait until you become USC. Like I said earlier, the only case you can save $535 for your kid's I-30 is when you remain LPR until your wife and son enter the US. In other words, you file only one I-130 for your wife now and your son can accompany your wife to the US when their visas become available AND you must not become the USC anytime before they come here.