
NJCube
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NJCube got a reaction from appleblossom in Guidance for F2A Family VISA guidance.
Thank you! They seem to have sorted out whatever issue they were having. They received the documentation they needed.
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NJCube reacted to appleblossom in Guidance for F2A Family VISA guidance.
Refused isn't the same as denied. Refused just means it's in Admin Processing i.e. waiting for checks.
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NJCube got a reaction from appleblossom in Guidance for F2A Family VISA guidance.
Ok. Got it. Thank you. I wish I had done it this way for my other step daughter.
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NJCube got a reaction from Redro in Guidance for F2A Family VISA guidance.
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!
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NJCube reacted to manyfudge in Guidance for F2A Family VISA guidance.
@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
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NJCube reacted to manyfudge in Guidance for F2A Family VISA guidance.
Just so you understand the issue thoroughly - in some states, she does not get the benefit of her original priority date once he naturalizes. And even if you live in a state where she would be ok, it is one court case away from not ok.
She gets to deduct almost 3 years from her actual day on the 1st of the month when her priority date becomes current.
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NJCube got a reaction from Redro in Question about Petition to bring my Husband's daugher
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!
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NJCube reacted to Kawika & Michelle in Question about Petition to bring my Husband's daugher
What kind of photographs? I would presume that they are simply looking for the same visa-style photos to use for her future visa card. The rest is to just verify her identity, who her father is & if she has a criminal record that the government needs to be concerned about.
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NJCube reacted to Redro in Question about Petition to bring my Husband's daugher
They are requesting visa/passport style photos. These photos will be used for her visa and her eventual green card.
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos.html
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NJCube reacted to Chancy in Question about Petition to bring my Husband's daugher
The requirement is to upload passport-style 2"x2" photo of the visa applicant, not photos showing their relationship with the petitioner. The case "Submit" button on CEAC will not work properly unless you upload the 2"x2" photo.
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NJCube reacted to SusieQQQ in Sibling of My LPR spouse
You could only file as a citizen /stepparent if you married before she turned 18 anyway. (Maybe you did, but that’s not what i seem to recall)
But .... it so happens that because the F2A category is current (which means a visa is immediately available - it’s not usually the case) the same situation applies to her presently, so yes her age is actually frozen. (Technically the visa is only available to her once it’s approved, but at that stage you’d subtract the time it has spent being approved to get to her CSPA age which obviously puts her age right back at where it was at petition receipt.)
The one caution: I don’t know what will happen if F2A retrogresses (stops being current and goes back to a priority date system) before her petition is approved. It may affect the age calculation.
Uscis processing and approval should continue regardless of the fact that visa issuance is currently banned in this category.
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NJCube reacted to geowrian in Sibling of My LPR spouse
Note that she can file for the re-entry permit at any time while in the US once she enters on the immigrant visa. the Biometrics will be in the US. There is no need to wait until approval, though...you can even have the re-entry permit sent to the consulate abroad for pickup.
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NJCube reacted to SusieQQQ in Sibling of My LPR spouse
Coming back every 6 months is very risky, it does not maintain residence if she is actually living elsewhere. She doesn’t have to wait 5 months for a re+entry permit, she just has to wait for the bio (usually 3-4 weeks), they can send the REP to be collected at the closest consulate to her when it’s processed.
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NJCube reacted to Boiler in Sibling of My LPR spouse
She becomes a resident when she enters using her Immigrant Visa.
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NJCube reacted to geowrian in Sibling of My LPR spouse
Correct - the age is frozen for CSPA purposes once the I-130 is filed by a US citizen petitioner for an under-21 unmarried child/stepchild.
The 1 year begins after NVC has the case. I actually forget the exact timing of when you have to start the visa process for "seek to acquire", but it starts after I-130 approval and NVC has it.
Applying for the visa is a separate process. This involves a DS-260 (immigrant visa application) completed at the NVC stage.
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NJCube reacted to SusieQQQ in Sibling of My LPR spouse
Sibling is F4 category and numerically limited, that is approximately the current wait time given the number of people on the wait list and the max number per year allowed to get visas.
It is a similar concept but not as bad for his children. The younger one will be F2A, approx 2 years (currently usually a bit shorter), the over 21 will be F2B, approx 5-7 years. As you married before younger child was 18 you can act as petitioner of stepchild and that will reduce the time it takes for her (again assuming she immigrates before 21) as there is no max quota in that category, so it’s just processing times.
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NJCube reacted to Going through in Sibling of My LPR spouse
I'm sorry to hear of your loss----my father in law passed away suddenly in November and I'm still in disbelief of it most of the time.
Best of luck to you in the situation all-around.