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f1660114

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Posts posted by f1660114

    Marriage based immigration

    in Bringing Family Members of Permanent Residents to America

    Posted

    If I were you, I would wait until I got citizenship to file I-130 for your wife. As a US citizen, you need to file separate I-130 for your step-child as well.

     

    If you can file right now, you do not need to file separate I-130 for your step child as the kid can be your wife's derivative. But there is a catch-22 for that situation. When you become US citizen, the kid needs separate I-130 for him/her as he/she cannot be your wife's derivative anymore.

     

    Bottom line, in either case you should file 2 I-130 for them (unless you can wait until both of them make POE and then take an oath after that).

    Derivatives who can follow to join

    in Bringing Family Members of Permanent Residents to America

    Posted

    38 minutes ago, aleful said:

    follow to join isn't the correct term

    I looked it up and Following-to-join is the correct term.

     

    so it is best to continue with the second petition your mom's, because just as you are the derivative on your parent's petition, your child will be a derivative on your petition

    I guess you meant to say "because just as you are the principal beneficiary on your parent's petition, your child will be a derivative on your petition."

     

    what about the mom, does she agree? will she authorize you to take the child to the US? do you have sole custody of the child?

    Actually this is the question asked for one of my female friends. She has sole custody of the child, the father name is absent from birth certificate, and the father is also willing to let the kid immigrate first.

     

     

     

    Derivatives who can follow to join

    in Bringing Family Members of Permanent Residents to America

    Posted

    I am looking for the answers for hypothetical questions regarding the derivatives who can follow to join.

     

    Case 1: My uncle petitions my father under F3. I am unmarried and under 21 years old. If I have one kid, is the kid eligible to follow to join?

    Case 2: My mother petitions me under F2B. I am single, never married before. Same question, if I have one kid, is the kid eligible to follow to join?

    SSN: Middle name then first name as "given name" on i-94

    in Social Security Numbers

    Posted · Edited by f1660114
    Adding ref

    Every Vietnamese citizen who got US visa nowadays (since April 2016) got the same issue like you pointed out (if you can read Vietnamese here is the ref http://xuatnhapcanh.com/threads/tng-lanh-s-quan-m-da-thay-di-cach-vit-ten-nguoi-tren-th-thc-m-2016.27460/). There is no efficient way to fix it unless you are to submit a name change petition to the local court to change the legal name. Then change the name on every ID including SSN afterwards.

     

    "You may have heard that the U.S. Embassy and Consulate have made changes to the name order printed on U.S. visas. As of Spring 2016, U.S. Mission Vietnam Consular offices have been issuing immigrant and nonimmigrant visas to Vietnamese citizens with names exactly in the order as on the Vietnam passport biographic page. This ensures that the information contained on U.S. visas meet international travel document standards."

    NVC questions (merged threads)

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

    Posted

    49 minutes ago, Seth And Quynh said:

    on the DS-261 it ask Surname and Given Name, Now Vietnamese names go last-middle-first

    So for the Given Name should it be First then Middle or Middle the First

    it tells me to do exactly as it is in the passport but i was told by two nvc officals over the phone to do it First then Middle. Any Help?

    If I were you, I either go by Vietnamese name order or omit the middle name eventually. Only first and last name that matters. Just my two cents.

    How Much Is AOS, IV and Medical Fees?

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

    Posted

    1 minute ago, David&Femke said:
    maybe there is an exeption for vietnam, i dont know but the regular fee for aos is $1,140
     
    form for AOS
    The filing fee for Form I-485 is
     
    .
    An additional biometrics service fee of
    $85
    is required for
    applicants ages 14 to 78.

    AOS here is Affidavit of Support fee, yeah it also stands for Adjustment of Status but that does not apply here if you read the whole context.

    HELP ! New I-130 UPDATE

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    3 minutes ago, riri.na58 said:

    I sent from Seattle so it will be delivered to Chicago lockbox tomorrow ! 04/28/2017

    OMG. I am going to cry. I called USCIS customer services and the agents weren't even sure. They were like "wait for the notices cause I don't know"  . 

    Based on my experience from reading the precedent at vj, you are fine with the mailed out date before 4/28/2017. Hopefully another member can confirm that.

    HELP ! New I-130 UPDATE

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted · Edited by f1660114

    34 minutes ago, riri.na58 said:

    We had been preparing our Adjustment of Status package since January and just went to USPS and the package was postmarked 04/25/2017. We had no idea about I-130  newest update in February, 2017. We submitted the old version of I-130 (12/23/2016) version with G-325A. Unlike the December 2016 update, there was no official announcement about this February I-130 update, unless you actually click on the "edition" section on I-130 USCIS page. According to USCIS official announcement on December 29, 2017:

    "We will accept prior versions of forms, with the exception of Form N-400, until February 21, 2017.  However, all filings postmarked 12/23/16 or later must include the new fees or we will reject them."

    Is the same policy apply for this February update ? We included the new fees for sure. 

    Thanks guys

    "Starting 04/28/17, USCIS will only accept the 02/27/17 edition. Until then, you can use the 12/23/16 edition."

     

    When is your package to be delivered? I am not very sure if USCIS takes the mailed out date into account.

    Travel while i751 pending

    in Vietnam

    Posted

    The airline staff is expected to be trained intensively on the US travel documentations so do not worry about it. Just travel with your unexpired passport + expired/soon to be expired green card + I-751 receipt and you will be fine.

    CSPA denial

    in Bringing Family Members of US Citizens to America

    Posted

    3 hours ago, movalca said:

    I filled in the dates as best I could and it says my nephew is eligible.

    So you should try it at the interview stage. Don't try at NVC stage anymore. Like I said, wait until 5 days before interview date, contact your US Embassy or US Consulate and request for CSPS determination. They will make you/your brother/agent file DS-260 for your brother's kid and pay $325 to do that. Remember to include the CSPA child onto the I-864 form as well so you did not have to add them later on thus delay your case's approval.

    Re-marriage after getting Green Card

    in Bringing Family Members of Permanent Residents to America

    Posted

    5 hours ago, codycody said:

    Thanks, I just read the instructions from i-130. I dont understand this line, so can you help to explain it for me. Thanks for your advice.

    Who May Not File Form I-130?

    5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless:

    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

    Your questions had been well answered by NigeriaorBust as above. When you are to submit the form I-130, include a well-composed letter explaining why your first marriage in which granted you green card fell through and also inculde a timeline for your newly established relationship right after you divorced. Be prepared that your case will be scrutinied based on that facts but if your relationships are all bond-fide, then you can overcome those issues.

    Re-marriage after getting Green Card

    in Bringing Family Members of Permanent Residents to America

    Posted

    3 minutes ago, codycody said:

    Yes that is how I thought, I have a lawyer appointment on April 5 to consult about this. I might know the answer. Hmm

    I believe there is no available waiver for that so save your money on lawyer consultation for the lengthy process in the future. You can reference to the I-130 instruction; the form I-130 asking you if you got your residency through marriage is for that purpose. .

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