NJCube

Just wanted to update everyone.

I just received this email from the NVC:

"This notice is to inform you that your case for an immigrant visa is documentarily complete at the National Visa Center (NVC) and has been since 08-Jun-2023.  NVC has received all of the fees, forms and documents required prior to attending an immigrant visa interview. Your petition is awaiting an interview appointment. At this time, no further action is required.  We appreciate your patience.

Your case will remain at NVC until an appointment is scheduled, at which time we will send it to the appropriate U.S. Embassy or Consulate General.  We will notify the applicant, petitioner, and attorney (if applicable) when an appointment is scheduled.

The U.S. Embassy or Consulate tells NVC which dates they are holding interviews. NVC fills these appointments on a first-in, first-out basis and is unable to predict when an interview will be scheduled.

The next communication you receive from NVC will be either a notice that your appointment is scheduled, or if an appointment is not scheduled within the next 60 days, we will send a notice confirming that your case is still in line for an interview"

I hope it's a good sign that she was not aged out of her orginal VISA category!

9 minutes ago, Redro said:

If you've given all the correct dates she has sadly aged out. So, it appears as if NVC does not automatically update the category. 

March 2024 visa bulletin 06/22/2020 so you might find out next month if she has aged out or not- she might be called for an interview or she might not. 

You need to keep in mind that the embassy in Spain might not have many interview slots for family members of permanent residents so the interview letter might arrive next month but it could be several months before you get a letter... or it could be several years before you get an update. 

DQ= documentarily qualified. When NVC accepted all your documents they would have sent an email using those words. 

 

 

Thank you for all the info.  So it sounds like even if her priority date is current, I might not hear anything for years that she aged out to a different category, or that she has an interview date?

29 minutes ago, appleblossom said:

 

Your first post in this thread says the petition was approved in June 2023? Her DOB has also changed! If the petition was approved earlier then that doesn't help but I'd double check your dates really carefully and do a CPSA calculation yourself (there are online calculators you can use if you're not sure how to do it) just to be sure. 

Yes, I meant June 2023 was when we received an email from NVC that all documentation was approved.  My mistake.   Thank you

13 minutes ago, manyfudge said:

Worse.  She aged out even sooner. She can wait for the interview and see what happens.

Wonderful.  Thank you.  Keeping my fingers crossed. 

12 minutes ago, Redro said:

Think of it as a good thing! Your stepdaughter is lucky enough to live in a country where she can build a great life and moving to the US isn’t the be all and end all. 
Generally, you can see which category she is in if you log into NVC portal. Have you been DQ’ed at NVC yet or has the NVC portal opened for you so you can pay the immigrant visa fee and AOS fee? Did she complete Ds260 and did you complete I864? What stage of NVC are you at? 

Hi,  

Thanks for the response. 

Not sure what you mean by DQ'd.  Yes, the NVC portal has opened, and I have paid the AOS and IV fees.  DS-260 and I-864 completed.  All documentation submitted.  The category is still showing as F22.  As far as i know, I've done everything I could and I'm just waiting to get the interview notification.   Is this a good sign that she might remain in the same visa category?

35 minutes ago, manyfudge said:

I was hoping that you had not left it until the month before she turned 21. 

 

If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024.

 

Sorry to be the bearer of bad news.

After re-readng your reply, i realized you have the I-130 approval date incorrect.  Here are the dates:

Priority Date: 6/1/2020 

I-130 Approval 5/24/2022

DOB: 7/3/1999

Does this make a difference?

Thanks!

Rich

30 minutes ago, appleblossom said:

 

My own daughter is going to uni in September in the UK, but she'll have spent well over a year living here before leaving. She's got a job (taking a leave of absence from it and back working there in the holidays), she will have filed taxes, she has a driving licence, bills, parents and sibling that still live here, her name is on the lease, etc. Even with all that she'll be making sure she comes back for every vacation and for occasional weekends so she's in the US for at least half of every year, and that's still a risk. Just coming back for the summer without having those ties first and without any other visits would be an even bigger risk I wouldn't be prepared to take personally. If she only plans to come back for summers, then I'd either delay things (unless of course her aging out takes care of that for you), or I'd get her a re-entry permit. But of course she'd need to be in the US long enough to get that first. 

 

As above, to work out if she's aged out in to F2B or not, you'll need to do some careful sums. When exactly was her petition approved?

Thank you for your response.

Manyfudge has already deduced that my stepdaughter has aged out.  

It's good to know all the steps you took for your daughter to ensure her residency remains intact. 

At this point, if there are any more regulations that i am not aware of, if she has been bumped to a F2B, then it will be another 4 and a half years before they get to her.  Who knows what her situation will be like when the times comes.  She might be so established over there; she might not want to come anymore.  Very sad.

11 minutes ago, manyfudge said:

I was hoping that you had not left it until the month before she turned 21. 

 

If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024.

 

Sorry to be the bearer of bad news.

Thank you.  It's not your fault.  So, what happens next?  Will I eventually get some kind of official notification telling me that?  Does she automatically get bumped down to a category F2B or do I have to start from scratch and repay all the fees again?

Do you think getting an immigration lawyer would help at all or would i be throwing more money away and it is what it is?

Thanks,

Rich

13 minutes ago, manyfudge said:

@NJCube, you told me your husband applied July 2020.   July is not June 1.

 

Now we have to calculate her CSPA age to make sure she did not age out.  I sure hope her bday is not in June or July!

 

What was her age in years + months + days on Feb 1, 2024?

July 5, 1999

9 minutes ago, manyfudge said:

Correct.  I think by the time his older daughter gets her interview, she will be almost done college. 

Really?  That long?  Maybe im not understanding this after all.  According to the March 2024 Visa bulletin:

Priority dates with June 22, 2020 and prior are currently authorized for issuance.   My step daughters priority date is June 1, 2020 which means she is current.  

Why would you think she will almost be done with school (2 years) by the time her interview is scheduled?

Thanks,

Rich

9 minutes ago, manyfudge said:

@NJCube, this explains it well and even if you live a good circuit, i would not rely on that.  Husband must stay PR.

 

”The problem arises when on the date the petition is approved or the priority date becomes current the child has turned 21 but is still under 21 using the adjusted age and the petitioner then naturalizes. Does the child: (a) convert to the immediate relative category by using his or her adjusted age; (b) get to opt out of automatic conversion to F-1 and remain in the F-2A category, or (c) convert to the F-1 category? The answer is either (a) or (c) depending on where the petitioner naturalized.”

 

 

https://www.cliniclegal.org/resources/family-based-immigration-law/beware-dangers-naturalization-child-beneficiaries

 

Thank you!  For his other daughter, If I sponsor her, I am assuming that applying for my husband's naturalization would not affect that process at all correct?

3 minutes ago, manyfudge said:

Did no lawyer advise you that you could file?

 

@NJCube, your previous post says that you have a 17 year old stepdaughter.  She will turn 21 soon. You should file for her asap.

Yes! Im applying for her next month.  Thank you!

2 minutes ago, manyfudge said:

@appleblossom explained it.  Just as there is no visa quota and no priority date for spouses of US citizens, there is none for minor stepchildren of US citizens.

There is nothing to do now but wait.

 

At that point, she will likely have less than a year left.

 

Your husband must not naturalize.

 

Thank you!  We'll make sure and do things different for his younger daughter.   I'll apply for her.  

It's good to know that my husband applying for citizenship at this point would complicate things.  I was planning to apply next month.  We'll hold off until his daughter gets he green card.

54 minutes ago, appleblossom said:

 

No, if you'd applied for her then she'd have been an immediate relative with no wait for a visa to become available. She'd have had it a few years ago. 

 

Your husband's case will have been very different if he came on a K1 visa. Your stepdaughter is getting an immigrant visa and will therefore do the interview, biometrics etc, in Spain before that is granted. Then when she enters the US she'll be a 'green card' holder/permanent resident immediately. Just visiting once a year may well put that status at risk, she'd need to live in the US in all of her school vacations at the very least.

 

If she does get a visa at some point this year (could well still take longer - F2A could retrogress and she could end up aging out in to F2B, no way of knowing), could she transfer and finish her studies in the US maybe?

Hi,

Thanks for the response and thank you for the advice.  The plan is for her to spend summers here just wanted to make sure that was enough.  

I don't think she would want to transfer at this point.  We'll have to play it by ear when the time comes.    I REALLY hope she is not aged out to a F2B.  That is not fair at all.  We petitioned for her 4 years ago!  

Hi,

Thank you for the reply.  

No, my husband is still a permanent resident.  

I've heard that before but don't really understand it.  Currently, family sponsored F2A visas are authorized for issuance to applicants with priority dates earlier than 01FEB20.  Isn't this regardless of whether my husband or I applied?

Again, according to the priority dates mentioned above, and the fact that in March they are even further along, my estimate is that they will get to my stepdaughter's date by April.  Long before she's done with school.   What do you mean by age out?

Thanks,

Hi Everyone, 

I am a US Citizen who brought my husband over from Spain via a fiancé visa back in 2015.

My husband petitioned for his daughter in July, 2020.  At the time she was 20.  In June, 2023 (3 years later), her petition was finally approved. 

We have been waiting ever since to get notification of her visa interview and next steps from the embassy in Spain.  According to the Visa Bulletin, it looks like they might get to hers sometime in the next couple of months.  

She is now 24 and as you might imagine, had to move on with her life.  Her plan is still to get her residency and move here, but since the application was taking so long, she enrolled in a university in Spain and has another 2 years left.

My first question is, once she gets her visa and comes to the US, is she required to stay here for some time before returning to Spain to continue school?  I remember my husband came over with his VISA and didn't have his geometrics and an interview in the US for about 30 days.   I've heard things are different now, and all that gets done in the country of origin but I'm not sure.  

Also, will she have any issues if once she goes back to Spain to continue her studies, she comes back before 1 year, every year and then finally moves here when she's done?

Any advice or recommendations on how we should proceed with be greatly appreciated.

Thank you.

Thank you all for your responses.  I uploaded the passport-style photo.   That makes sense.  I forgot I had to do that for the fiancee visa years ago as well.

Thanks again!

Hi Everyone,

My husband (A permanent resident), has petitioned to bring his daughter from Spain.  The petition was approved, and we just completed the Affidavit of Support (AOS) and form DS-260,   

We are now going to upload the required documents.  Passport, Birth Certificate, and Police Certificate.  They are also asking for Photographs.  I understand this for applying for Fiance Visa but why for his daughter?   Do we have to submit pictures of him and his daughter or do we leave this blank assuming this is a requirement for other types of Visas?

Thanks!

Thank you everyone.  Her country is Spain.  

Any idea how much time we have after NVC receives the approved I-130 before we have to pay the fees and apply for the VISA?

Hi Everyone,

I am a permanent resident of the US.  I filed an I-130 petition for my daughter over 2 years ago and it was finally approved and received by NVC!

My daughter is working in her home country and attending school.  It would be ideal for her to come out to the US for her biometrics appointment any time after March 2023.  I am trying to time everything so that it coincides with that timeframe.  

Now that the NVC received her approved I-130, how long do we have to make the appropriate payments and apply for the VISA?

I know that once the VISA is received, she has 6 months to travel to the US.  I just want to be able to estimate when I should apply for the VISA.

Also, once we apply for the VISA, will she get notification of her biometics appointment while she is still in her country or does she need to travel to the US with her VISA before the appointment notification will be sent to her?

Thank you

Hi Everyone,

I received my NOA1 from California Service Center on June 1, 2020.   This is for my Step Daughter.   According to the processing times on this website,  CSC is currently processing I-130 applications received August 26, 2020.  Therefore, they are past my submission, yet I have not heard anything.

According to the USCIS website the estimated time range for permanent residents filing for a spouse or child under 21 is 22.5 Months to 29 Months!  This means that I received my NOA1 June 1, 2020 and I might not hear anything until at least Mid April 2022.  

Why is there such a big difference in process time estimate between this website and USCIS?

Is there anything I can do to get the application processed sooner?  I can't believe the difference in processing times between CSC and all the others.  It's a shame that my application got sent there?

Any help would be appreciated.

Thanks

Hello,

I am a US citizen who is married to someone who is originally from Spain.  He is now a Lawful Permanent Resident of the US.   He has two daughters who still live in Spain with their mother.  My husband has not been able to see his daughters in over a year since the pandemic started.  

We wanted to bring them for a visit toward the end of June and was looking at flights but I am a bit unclear about the current covid related travel restrictions.   

According to the "Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease" dated Jan 25, 2021 from the White House, it states that:

"The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area (which includes Spain), is hereby suspended and limited subject to section 2 of this proclamation. 

...this proclamation shall not apply to:

(vi)    any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications."

According to this, his daughters should be exempt from the travel restriction, however, I am not clear as to the definition of a "Child".  What is the age limit that constitutes a child?  His daughters are 17 and 21.

There is another point in the same document regarding siblings that is much more specific about age:

"(v)     any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21"

This make me think that since there is no age limit listed in reference to his kids, they can come but I'm not sure.

I've called the Spanish consulate in New York City and the US Embassy in Spain to get the answer to this question and both have no clue.  They both say that no one can travel to the US from Spain and vice versa at this moment which I know is not true. 

Thanks for any help you can provide.  

So, it appears as if there is no benefit for her to come on an F1 visa.  For whatever reason, I thought she would benefit from being an international student, but it seems to be the opposite.

I got an invoice from the service that we had the interview with yesterday.  They are charging apprx $4,500 for their services.   I think that is crazy and don't know if there is any benefit to contracting them.  After all their services are based around the F1 visa.   As I mentioned before, I was thinking of just applying for the I-130 concurrently but again, i'm not sure their services are worth it.

I feel a bit overwhelmed about doing it all myself because this would not only include applying for her residency, which I've done before but searching for the right college, applying for scholarships for her track and field, getting all the preliminary stuff done, like having her prepare for and take the SAT and TOEFL.  Normally here the high school helps with that stuff.    I don't want to mess something up and end up paying a lot more for her college than if this service, that has experience with this stuff, handles it.  

Also, if she becomes a resident, when applying for FAFSA, is only her father's income taken into account (and maybe her mom's that is in spain)? Since we are married, it's not household income?

Thanks again.  

Hi Everyone,

Thanks again for all the responses.

Based on what some of you have said, we've decided that it's probably best if my stepdaughter finished high school in Spain and we start the process for her to come for college.  

We had a video conference meeting with her, her mom, and a rep from a service that helps facilitate the process for international students to obtain sports and academic scholarships to attend universities in the US.   They also handle the process of the F1 visa, help them with all the preliminary things like SATs and find an appropriate college.  

I asked them if it would be better to go the I-130 route.  They said, either one is fine.  Since the 130 process will take longer, he suggested we go ahead and apply for it, while they do the F1 process.   

Im a bit concerned and don't know if a. doing both the 130 and F1 might cause issues in the future, and b. Should I just try to take the process up myself and leave them out of it.   Since this is new to me, the thought that they can coordinate everything from their end, is enticing but since the end goal is not only for her to attend college here, but to stay here I don't know.  

22 hours ago, aaron2020 said:

How old is the older daughter?  Is she over 21 years old?  Did her LPR dad file the I-130 or did you, the USC stepparent?  How old was she when you married her dad?

The older daughter was 1 month shy of turning 21 when I received receipt confirmation of the I-130.  Her LPR dad filed the I-130.  Looking back now, I don't know if that was a mistake.  From the information I gathered at the time, the processing times were the same regardless who applied.   His daughter was 16 when we got married.  

Should I apply for the younger daughter instead of her LPR dad?

Wow,  thanks so much for all the responses.  I have to take it all in and research what has been suggested.  One thing, it seems like a general consensus to apply for an I-130, Petition for Alien Relative is the way to go.  However, we applied for one for his older daughter, who is not interested in coming here to study,  back on June 1 and still have not heard anything.   Seems like a long process to be able to get it all done in time for her to come this year.