Natepartlan

@Sabela

So what happened?

17 minutes ago, SusieQQQ said:

 Note the last sentence - that’s probably going to be your best bet to try for - blame the “extraordinary circumstances” on their error.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
 

So does my age math in the original post seem correct, and does it seem like NVC truly made a visa class mistake?

And I've been here enough to know you are a very knowledgeable resource and contributor (thanks!).  With limited ways to contact NVC, any advice how to initiate the correction and pursue to completion?

4 hours ago, Bochog said:

Interestingly, USEM processed FX visas, which is the same as an F2A. 

 

Do you think the F2A is for the regular DQ date and the FX were the ones who were expedited?

I vaguely recall earlier this year when I saw the low F2A numbers being processed, that I did some digging into what FX was and I think it was family based visas free from numerical limitations (which F2A currently are).

On 10/12/2022 at 10:42 AM, ultrasoul said:

@Natepartlan Congrats on your interview letter from USEM! Can I confirm that you are saying both your unmarried children are still F2A even though they have aged out over 21 since their DQ April 2020 date? Are you saying that they will still be processed as F2A even though they are over 21 now because they were under 21 when they were DQ'ed  back in April 2020.

 

My in-laws have their daughters F2A's that has been DQ'ed since Nov 2020 & waiting for an interview scheduling from USEM- it will soon be a full 2 years now having being DQ'ed and being current. I'm thinking about sending an expedite request within 60 days before she turns 21 and "ages out"

The topic of CSPA and aging out always confuses me way more than it should.  I can't imagine how some of you non-native English speakers manage to get through all these forms and roadblocks.

See my other recent topic if this helps your calculation (https://www.visajourney.com/forums/topic/790922-can-someone-check-my-cspa-math/).  I'm no expert, but if your DS-260 was applied and processed as F2A(F22) and DQ'd, I think the children are locked in and aging out is not a concern anymore.  Its the period between I-130 and DS-260 where aging out can be a factor because the DS-260 will be processed in its own visa class lane whether the applicant be spouse, child, married, petitioned by USC or LPR, and age is one of the factors to specify the class (I think).

At any rate, yes, 1 of the children did cross over 21 when the I-130 was in process (the other was still under), and the whole time until now all correspondence is processing as they are under 21.  And these aren't my children, I'm just trying to help my LPR in-law with her children.

1 hour ago, SusieQQQ said:

Did you submit a ds260 within a year of the petition being approved? You were protected by cspa at the time, but that protection only applies if you “seek to acquire “ a visa within a year of a visa becoming available. For consular processing, submission of ds260 is usually what satisfies the seek to acquire requirement. 

35 minutes ago, Boiler said:

So what happened in the last 3 years?

Aye, so here's the rub.  When notified by email from the NVC in Feb2020 to go begin the DS-260 application process, 2 out of 3 siblings had F22 visa class so we went through and completed all the requirements.  The 3rd sibling was so close to 21st birthday at the time I didn't think too critically when they binned him under F24.  But something kept bugging me about this in my subconscious I guess until I recently checked more deeply.  If my math is right above, I think NVC made a visa class mistake from the beginning.

With the F24 visa class and numerical limitations, we were barred from clicking the links to pay fees or begin application.  So we were stuck.  Did we seek to acquire by logging in and trying? In a manner of speaking, yes.

I used the NVC's public inquiry link referencing above info and guess we'll wait 6 weeks for an answer.  I see a few ways it could go:

1. They make a visa class correction and due to their mistake, let me complete the DS-260 right away even though past the 1 year to acquire rule

2. They say stick to F24 where he is now and wait until a visa comes up

3. They say yes, you were truly F22 and since you did not seek to acquire within the 1 year limit (by pointing out our own mistake to us), your I-130 is cancelled and go back to the beginning (eek).

CSPA calculation has somehow always confused me.  Could the more knowledgeable people check below and see if my CSPA math checks out for squeaking in under the age of 21?

Beneficiary DOB: 15Dec1996
I-130 priority date: 06Dec2017
I-130 approved date: 05Aug2019
F22 visa availability was current on 01Aug2019 visa bulletin
I-130 petition pending time: 1 year, 7 months, 17 days
Age at time of visa availability: 22 years, 7 months, 30 days
CSPA age 20 years, 11 months, 13 days

On 10/4/2021 at 3:36 PM, Adventine said:

 

Sure thing, I'll update this thread after I've spent some more time in the program.

 

Hi Adventine,

Update thoughts?

On 8/28/2022 at 9:11 PM, lowell1123 said:

I am a permanent resident in the US. I have petitioned for wife about 2 years ago. My wife has been documentary qualified over 1 year already. I can't remember off hand but something expired I had to resubmit my affidavit of support and had to make another payment. I was wondering why I needed to make another payment since we were in a pandemic and it was NVC's and US Embassy's fault for the delays if they wanted to point fingers. It's been about 6 months and my wife US still waiting for her interview. What if it goes over a year again and something else expires and they will need me to make another payment? First of all did I need to make the payment when it first expired? And second do I need to make another payment if it expires again in the next 6 months? Sorry I forgot what it was that expired and what I paid for. I'll do a follow up when there are replies. Thank you. 

I suggest if you want some informed help to go back to your records and find out exactly what was expired and what fee(s) you had to repay.  My in-laws were DQ 2 years ago and I have not had anything expire or had to pay any additional fees beyond the original DS-260 IV and Affidavit of Support fees (which are 2 separate and distinct fees on the CEAC website).

On 10/4/2022 at 10:35 AM, Natepartlan said:

Rejection notification from NVC right on the Friday immediately after the 2 week period you had mentioned.  So now wait 30 days and try again, I guess? 🤷‍♂️

Oddly enough, 3 weeks after the rejection we get an email from the NVC saying we're now scheduled for interview in November.  Maybe the rejected expedite request 'put us on their radar'?  Who knows how things work over there.  Anyway, SLEC medical scheduled and Manila hotel reserved.  Now more hurry up and wait 😝

Refresher for those compiling data:

Visa class F2A-F22

PD 06Dec2017

I-130 approved 05Aug2019

DQ 24Apr2020 (which was 1 day after Trump's shutdown mandate?)

Expedite request 29Aug2022

Expedite rejection 16Sep2022

Interview scheduled 06Oct2022

On 9/29/2022 at 5:09 PM, Bochog said:

Any update on your expedite request?

Rejection notification from NVC right on the Friday immediately after the 2 week period you had mentioned.  So now wait 30 days and try again, I guess? 🤷‍♂️

On 8/29/2022 at 12:30 PM, Bochog said:

Apparently, they deem it as "not urgent" and "not qualified for an expedite"  

After this, I went ahead and made an expedite request to NVC and they surprisingly gave me a quick response (18 hours!) that they had forwarded the request to USEM.  About how long did it take to get your rejection?  Of course, we're waiting with fingers crossed for positive result.

For anyone wondering, I only emphasized the 'out of normal processing time' and Apr2020 DQ in my request.

On 8/31/2022 at 8:02 PM, NoMansLand2020 said:

Greetings, 

 

We are currently in the market for an additional car for our family. Looking for a used vehicle that will be mostly used by my wife. Currently we have two young children, one who is still in a carseat and a baby due in December. 

 

My wife has no driving experience and will soon be starting an adult driving class so she can earn a permit. Being a Filipino, she's short in stature, 4'10 and around 90lbs.  As we are soon to be a family of 5, we mostly likely need either a minivan, or smaller seater... Something that would seat at least 7. 

 

I am looking for suggestions as to what others might have done. 

I'd strongly echo the posters who suggested a minivan.  Its hard to beat its form factor for usefulness and ease with kids over any of the 3-row CUVs.  This article and its comments would seem to agree (https://www.caranddriver.com/shopping-advice/a27410719/best-vehicle-for-family/).  I have a Town & Country myself and found a used  'little old lady' Honda Odyssey' for my filipina wife.  She would probably prefer something smaller, but its very handy and reliable (and couldn't beat the price).

If you buy an older one before backup cameras were mandatory, see if there is an aftermarket solution you can add to make her more comfortable backing up and parking.  I bought one off Amazon for the Honda but have yet to install it.

Most of the new vans have had recent updates so comparison articles between the Chrysler, Honda, Toyota, and Kia are plentiful online.  Chrysler gets its quality knocks, but stick to any van 2011 and newer and you should be OK (if you buy used).  I'm a big believer in it as a former employee and the exclusive stow n go seating storage.  3.6 Pentastar and 6 or 9-speed transmissions are leagues ahead of their older stuff which I also owned.  The old Honda with its ubiquitous 3.5 and 5-speed drives very well too.

I also agree with other posters that in the current state of the market, a financed new car may be a overall better deal than used.  3yr/36k mile lease turn-ins can also be a source of deals especially if the model has undergone a refresh making the turn-in 'old' and less desirable for many people.

And if the van ends up being yours, a set of nice wheels, grippy tires and a bangin' stereo upgrade can take away any 'dad van' shame you may harbor. 😛

Are you coming through New York or Michigan?  I can say from my USC perspective of Michigan-Canada travel (both Sarnia and Windsor) neither sides' officers barely blink an eye at day trips and maybe a couple more questions if I was spending a couple nights in Canada, but never a hassle.

Aren't our 2 countries visa free for short trips?  I assumed so since we usually see so many Ontario plates at holiday shopping time if the exchange rate is favorable.

On 8/25/2022 at 1:56 PM, Bochog said:

Yes!

 

I sent them an expedite request multiple times (most recently on the 2nd anniversary), but they rejected all of it.

 

It's just extremely frustrating.  

~2.4yrs for us for 2 unmarried children of LPR (under 21 at time of Apr2020 DQ).  As a data point to help others, what general content did you put in your expedite requests?

On 5/9/2022 at 2:24 AM, mapo said:

Let me know if this is a silly idea.

No real solution to give, since I'm in similar boat waiting for NVC to move fully DQ package to Embassy for under-21 in--laws, but I can suggest sometimes a request for info to your Congressperson asking for inter-agency assistance can yield a good result.

On 5/14/2022 at 1:27 PM, GinoNiña said:

This will include for herself, her 14 yr old son, parents and a niece as well. Parents does not work. She lost her job during Covid.

I get there is a whole lot of cultural background to supporting extended family, but who was supporting these extra 3 people until now?  And are you 100% on board with that once you start?  Even once here, "I'm too busy raising your child to go to work", sounds like a very likely retort to come up.  Have you 2 had a frank discussion about how you live now by yourself, how you will live together, what she will do for work, will she go back to school for better work, how long the extended family support arrangement is going to go on for, etc etc?  I'd even say going so far as a typical monthly money in/money out budget may spur a lot of a-ha revelations.  It can be easy to think of all the money coming in makes US people rich, but they have to have their eyes opened to the high amount of money going out too.

It can be uncomfortable, but the open talk may end up making you 2 stronger.

If she is not pregnant with your child, what are the allowance expectations of this family from you?  If the answer is 0, this is another hmmm moment.

Being 'of age' you 2 probably also have some aspects of being set in your ways.  The honest talk should probably extend into things and expenses about your lives that you may be willing to bend, but not wholly change/eliminate. A couple drinks after work with your friends, a day on the couch watching sports, or costly hobby may be part of your routine and stress management, but a deal breaker to her.  You never know until you talk about it.

22 hours ago, ROK2USA said:

If you partner is 38 and you are 52

My first thought to this from the original post was maybe that ship has sailed and a baby is just not realistic.  I know, I know. Anything is possible with healthy people, good medical care, a young attitude so don't beat me up for saying that.

Personally I've always thought bringing another mouth into an overpopulated world for the purpose of genetics was never a good enough reason, & to consider helping out in another way through adoption as a better choice.

Sorry to pile on GinoNiña and of course your life is your life; you you have no reason to explain or justify any of your situation or choices to anyone here (including all that garbage I typed above).  This forum is about trying to be helpful and I think by extension people want to make sure you see what others see as possible alarm flags.  I suppose its safe to say we all are rooting for you and want you to live your best, happiest life with someone you love and cherish.

To your original question, I would simply echo what others have advised and wait on the conception as hard as that may be to do.

I'm not sure if it was to prevent child trafficking or because the report of birth was a little delayed from the actual birthdate, but one other thing to consider as happened with our case is at the interview, the Embassy requested a DNA test to establish parent-child relationship.  If this happens, they will tell you the whole process which involves only certain approved genetic labs and test sample collection at the Embassy.  I don't recall that it added much time to the overall process, but it did cause some delay and extra trips to Manila.

FYI, F2A has sub-categories underneath like F21 and F22.

It was a very long, twisted road to get here, but your 2nd picture confirmed what I assumed which is 01Jun2021 is your DQ date.

Since USEM says they are currently working mostly on DQ dates from July2020 for family based visas (i.e. F2A), you have to relax, clear your mind, keep busy, messenger with your family, and wait for USEM to schedule an appointment slot (unless you have good reason to request expedited interview.  I don't know what a good reason is so I can't help you there).

The email address you have given to CEAC website should be receiving a non-information update approx every 60-120 days confirming you are still in line and waiting for interview slot.  We got our last email 01Feb2022.

Muhammad,

The items you present in your posts is very inconsistent and confusing.  Secondly, you're not giving clear answers to the questions for me to try and offer some insight based on my own pending case.

1. Your latest picture shows visa class F21 so this makes me think you are US LPR and petitioning for your spouse and your under 21 son to come at the same time.  Earlier you kept saying just your son so it is confusing.

2. In your first post you said you had message, "Due to the numerical limitations on immigrant visa issuance prescribed by law, ...".  I do not see this at all in the picture you posted.  See 2 example pictures (1 for under 21 not limited petition [F2A/F22] and 1 for over 21, limited petition [F2B/F24]).

3. Ignoring all that mess for a moment, you did not confirm if you had an inbox message similar to mine ("All required applicant documents have been received and approved"), but your summary page seems to show you have done everything you can so far.  So if I take a leap of faith and assume by document accept date of 01Jun2021 is the same as your DQ date, then you are still waiting for the US Embassy Manila backlog of cases.  Their contact us page (https://ph.usembassy.gov/visas/contactus/) info shows most family preference immigrant visa cases they are working on now are DQ from July2020 so you have some waiting time ahead (FYI, this same page showed DQ Oct2019 a couple weeks ago so we can optimistically think they are processing the cases faster than a day-for-day rate).

So to make sure I am understanding correctly:

1. You are the US LPR and you petitioned for your son?

2. Your son is under 21?

3. Your son is unmarried?

4. You said your uploaded documents were accepted; did you reach Documentarily Qualified status?  Meaning NVC said everything presented was OK, or does your status still show lacking some document? This is important question.

4a. See my 2 included pics from the CEAC website; do you show similar for your son on the summary page and message inbox?  Notice the summary page has 2 sets of fees and documents required for the Affidavit of Support person (petitioner) and the Applicant (beneficiary).

5. If all above is true, I still don't see why your petition would be numerically limited.  F2A is current across the globe since July 2019 visa bulletin.

The only other thing I can think of is for #4 you did not get all the way to documentarily qualified (like my message inbox pic) and your son had his 21st birthday before your petition was fully approved so he crossed over to F2B which is numerically limited for Philippines.

Hi Muhammad,

To my knowledge, your original question has some inconsistent statements:

1. You say F2A visa category, which is "spouses and children (unmarried and under 21 years of age) of lawful permanent residents".  This category is still showing current for immediate visa issuance on the visa bulletin (and has been current, not numerically limited for awhile).

2. But you say "son's spouse".  Do you mean the visa petition is for your son's spouse? IS your son LPR holder?

3. You say NVC accepted documents, does this mean you already paid the IV fees, began the IV application and uploaded documents that they reviewed and approved?

4. The CEAC website comments you listed would indicate you are actually in another visa category.  I have a brother-in-law in F2B since he's over 21 and this is what his status says too.  But because it is numerically limited, I have also been unable to pay IV fees or start the IV application so I am a bit confused how you were able to upload documents.

5. To get possibly better answer, clear up above comments, clarify who is being sponsored, who is petitioner, is petitioner LPR or USC, and what is relationship of petitioner to sponsored person?

On 11/26/2021 at 6:31 PM, jskibo said:

and oddly enough the NVC expedite worked.  They approved expedite request Wednesday after about 5 weeks.  (IR5 both parents)

A lot of people in this thread appear to be IR5.  I'm helping LPR mother-in-law with her F2A children (DQ since Apr2020).

We have seen no real reason yet to request an expedited interview (not that I've been able to find any example of justifiable reasons to use either) and have just been waiting for the NVC to USEM transfer like everyone else.  Based on some positive Immigration moves under new Administration and Jskibo's experience, I thought maybe now its time to reach out and see if I can get any information how things are moving and maybe how far back in the line we are.

Since most respondents here are referencing the USEM, I'll share something I just saw from their Contact Us page (https://ph.usembassy.gov/visas/contactus/) under the Visa Operations Update section.

UPDATE: WE ARE NOW PROCESSING INQUIRIES DATED DECEMBER 7, 2021

"Immigrant Visa (IV):  The Embassy is processing immigrant visas across all categories. However, with significant backlogs in most categories, wait times for interviews are lengthy for all but immediate relatives (IR-1 through IR-5).  It is not possible to provide precise wait times as facilities, staffing resources, and local conditions all affect capacity and scheduling.

As of November 30, 2021, most IR visa cases being scheduled for interview were documentarily complete at the National Visa Center in October 2021.

Most K visa cases being scheduled were documentarily complete in July 2021.

Most current employment-based cases being scheduled were documentarily complete in January 2020.

Most current family preference cases were documentarily complete in June 2019."

This has been the most transparent progress status I've seen and would seem to support VJers like Princesstammy and MarlaP to investigate what's going on with their cases.

Thank you for all advice. I think I have her go to Manila few days before interview for medical.

Thanks to good ole USA to make this harder on good people of Philippines to only have one location for the medical

Pfffsh! Don't get me started on the Philippine's own bureaucracy making everything so much harder on the good people of the Philippines. I've never come across anything like it. ("sorry ma'am/sir" is the Philippine official motto in my mind lol)

Live anywhere outside of Cebu or Manila? Hope you have a good supply of vaseline.

To your original question is it just her or are there any kids involved? If there are kids taking a TST at the medical, it may be more convenient all around to have her just stay there depending on the actual Day 1 of the medical.

I can't find a clear answer anywhere if TST results are actually given on Day 2 or Day 3 (SLEC website says Day 3)

Judging by people on here that have updated their timelines. It seems safe to call starting on the 15th business day counted from your NOA2 date. So if I were you, I'd start calling tomm.

This seems to agree with the earlier advice of waiting 3 calendar weeks from NOA2.

Let us know if the theory holds true and keep your timeline updated.

Based on my NOA2, I'm waiting for 28Oct tick tock tick tock