NJCube

On 9/19/2024 at 6:32 PM, appleblossom said:

 

Refused isn't the same as denied. Refused just means it's in Admin Processing i.e. waiting for checks. 

Thank you!  They seem to have sorted out whatever issue they were having.  They received the documentation they needed.   

Hi Everyone,

So, regarding this post.  My Stepdaughter had her visa interview 10 days ago and everything went well.  Except, the Income tax return that we had uploaded to the CEAC website was outdated since it was done a year ago and they needed the 2023 return.  My stepdaughter had a hard copy with her (as it said in the interview instructions to bring), and the person said they cannot accept hard copies and that we had to upload it to the CEAC site.   

We uploaded it and the status showed "uploaded".  I informed them via an email that they supplied, and they came back and said it was not there.   I sent them copies via the email and they responded that it has to be uploaded to the CEAC site.  I sent them a screencap showing it was uploaded and they said unfortunately they don't see it.   They didn't offer any other options or a resolution.   I Also tried sending an email to the CEAC website informing them of my issue but i have gotten no response.

Today I tried to log into my stepdaughters case in CEAC and it won't let me in and says the visa for this case has been refused.  

We petitioned for her 4 years ago and paid all the fees and now we are in this final step and it gets refused over a technicality ? 

What other option do I have at this point?  I need help and don't know which way to turn.   Any sugggestions would be greatly appreciated. 

38 minutes ago, milimelo said:

No, you have no relationship with your husband's siblings. He has to be a USC before he can petition his siblings and that's probably at least a 17-20 year wait until immigrant visa in hand. 

ok.  thats what i figured.  Thank you for the information

quick followup question appleblossom,

I we were to petition for one of my husband's siblings, does the same hold true?  Can i peition for them instead of my husband?  Therefore avoiding the Visa wait?

Thanks,

Rich

10 minutes ago, appleblossom said:

 

Yes, but only those over 21. If you petitioned for her before she turned 21, then she's an immediate relative so there's no visa quota (and that's locked in, she can't age out). 

 

Maybe have another read of this thread from the start as it's all explained there, that's why it was suggested that you petition for her instead - so she's not got to wait for a visa to become available unlike your other stepdaughter.

Ok.  Got it.  Thank you.  I wish I had done it this way for my other step daughter.  

10 minutes ago, appleblossom said:

 

Right, so neither F1 or F2A categories are relevant. As per the above, she's an immediate relative if you petitioned for her as she's under 21. 

Oh ok.  Thank you.  I thought that (F1) pertained to "Unmarried Sons and Daughters of U.S. Citizens"?

9 minutes ago, appleblossom said:

 

I'm confused. Your previous posts seem to say she's young enough that she is an immediately relative of you? How old is she?

She is 20.

Hi Everyone, 

I just wanted to share the good news that we got notification that my step daughter's visa interview is scheduled for September!

I wanted to thank everyone for their help during this process that took over 4 years. 

Now, I'm starting again petitioning her sister and have a question.  

When I applied for my first step daughter, I thought it would be quicker for my husband (which is her father), to petition her even though he is a US permanent resident.   I was informed here that that was a mistake and it would have been quicker if I, as a US citizen had petitioned for her instead.

Now, for my second step daughter, I petitioned her.  The petition is still pending but out of curiosity I looked at the Visa Bulletin for August, and I'm confused by the dates.

As a US citizen petitioning for her, doesn't it fall under the F1 category?  Why would F1 show that they are currently processing visa

s from Oct 22, 2015 when the F2A category, the one my previous step daughter had since my permanent resident husband applied for her is Nov 15, 2022.  It looks like the F2A dates are 6 years better than F1.

Am I reading this incorrectly?  Should my husband have petitioned her instead?  

Thank you

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!