Juniper

4 hours ago, MB302 said:

 

My daughters Visa status changed from F24 to F22 when I checked the ceac website this morning. Thank you all for your support. 

Pay those fees and then on to the DS-260, Take your time to get all the information right before submitting.  Congratulations.

3 hours ago, MB302 said:

No, I have not been able to file the DS 260 because we are unable to see the applicant details as it was not made available to us from the day we received our case number.
And yes, I used the link you provided above. 

 

thanks again! 

Interesting ... that would make sense.  So that one year CSPA protection freeze law says that filing the DS-260 is one such step of seeking a visa with the NVC.  The law basically says that you must be seeking a visa with NVC and that should be enough that you are covered with the one year CSPA protection freeze law.  Everything will be fine then using askNVC email.  Just patience.

On 2/8/2020 at 4:44 PM, MB302 said:

Hello, 

 

This question might have been answered but in the previous thread but here is our timeline below: I filed separate  i-130 petition for my son and daughter 

 

Son

Date of Birth : August 16, 2000

Priority Date: September 18, 2017

Approval Date: December 23, 2019

Received Notice of Immigration Visa Case Creation from NVC:  Feb 5, 2020 

Paid AOS and DS-260 fee (Everything went smoothly with my son)

 

Daughter 

Date of Birth : Nov. 3, 1998

Priority Date: September 18, 2017

Approval Date: December 23, 2019

Received Notice of Immigration Visa Case Creation from NVC:  Feb 5, 2020 

Paid AOS fee Feb 5, 2020 

 

My question is when we received the NVC invoice number and case number for my daughter, the visa status shows F24 (F2B) and I was only able to pay the AOS Fee. When I checked under the applicant information, it is blank and my daughter's name is not showing as the principal applicant information thus not being able to pay the IV fee. After reading a whole lot of similar cases on VSJ, I believe that my daughters CSPA age will be under 21 so I decided to write an email to ASKNVC requesting for the CSPA on the 5th of February for my daughter. This morning, when I checked the ceac website just to see if there has been any update, I found out that I can no longer see both the Affidavit of support nor the applicant information. I checked my account to see if the AOS fee was reversed, it was not. 

 

Am i not able to see it because my daughter's case is under CSPA review or this is something else entirely? Is anyone else experiencing similar case? Any pointers or help will be greatly appreciated. 

 

Thanks in advance!

2 hours ago, MB302 said:

 

I called NVC this morning and was told to just wait for their email about the status of my CSPA request. I was told they are responding to emails sent December 10, so it might be a long wait. No other choice than to just wait. 
 

You have filed the DS-260's, which is the most important step legally.  Now, the CSPA age of your daughter is protected for a year from petition approved/visa bulletin "current" date.  You got a lot of good information from your phone call.  Everything is just fine for your case childrens' cases.   Because the F2A visa bulletin is "current", NVC is really busy for your visa class.  It will happen. 

Just to be sure ... if you did NOT use the following webpage for your email correspondence with NVC, please use this link and send in askNVC request with your CSPA info, calculator results, and CSPA protection request for your daughter:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

On 12/28/2019 at 4:22 PM, SusieQQQ said:

Yes, they do change it back if you request it. At the same time they will caution you that you need to check the CSPA rules to see if the child does actually qualify, as you indicated they had. Be aware that NVC does NOT make the final determination on CSPA, as they already indicated to you, that decision is made by the consular officer.  I believe if you go ahead and refused, the child will keep the same priority date and the petition officially rolls into F2B. Obviously you lose the cost of the medical and interview fees though. 

 

As you already know, the child was over 21 in CSPA terms when a visa was first available. In your shoes I would request NVC to officially roll it back to F2B now. 

"As you already know, the child was over 21 in CSPA terms when a visa was first available. In your shoes I would request NVC to officially roll it back to F2B now. "

This is the best advice.

22 hours ago, Christopher Atang said:

"If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again."

This last statement is more consoling. If the priority date won't be lost, then I'll prefer to give it a shot.

Thanks

It is your choice to give it a shot at a interview.  The consular officer will do the CSPA calculation and get the same result you have gotten given that the dates you gave earlier are all the correct dates resulting in a CSPA age of: 21 years and 4 months.  The consular officer has no choice but to deny the F22 visa.  

3 hours ago, Christopher Atang said:

Thank you Juniper for your prompt reaction.

I surely did not state in clear terms, my worry #2 above. I am sorry about that. The real issue here is that, on their website, NVC has already reverted the case status from F24 to F22, with all the fees and documents marked as accepted. This happened just about 2days ago. And so my question was, could they have made this change just because I requested for it? Can they make such a change even if they know the child doesn't qualify for cspa and that the consular officer at the interview will not give the visa? I am disturbed because should that be the case, then I will have to re-apply leading to an even longer wait time and more expenditure.

Is it possible you can throw some light. Thanks

"This happened just about 2days ago. And so my question was, could they have made this change just because I requested for it? Can they make such a change even if they know the child doesn't qualify for cspa and that the consular officer at the interview will not give the visa?"

It appears that NVC changed it back to F22 and accepted all the fees based on your request ... with notice that final determination is with the consular officer at the interview.

You have already paid the fees for the F22 immigration visa.  You will not get that money back.  It is YOUR choice to give it a try with the consular officer at the interview.  From everything I know, there is no waiver you can get from the consular officer on this matter.  There is the highest probability of F22 visa denial with CSPA age of 21 years and 4 months.  If approved, it would be headline news we would like to hear about.

If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again.

My opinion is to realize that F22 visa will not be possible from the consular officer.  

19 hours ago, Christopher Atang said:

Hi Juniper;

I have followed with keen interest the discussion on freezing CSPA age yet the answer to my worry doesn't still come out clearly.

I am a LPR. My son has date of birth Sept 5th 1997. His case with priority March 2nd 2018 was approved on August 10th 2018 and forwarded to the NVC. After a hold period of about 9 months, the online window opened for fees and documents in May 2019. I acted promptly and submitted all fees and documents between the 13th and 20th of May 2019. About 3weeks later on June 3rd 2019 the case was changed from F22 to F24. Through ASk NVC, I appealed for CSPA on June 7th 2019 and recieved a reply that the case was under consideration for CSPA on June 25th 2019. After this I heard nothing from NVC until November 2nd 2019 when I sent a reminder through the same route. The reply came on Dec 12th 2019 telling me they are afraid my son may not qualify for the benefit. They "think the consular officer may determine at interview that he is ineligible." They advised that if I wanted to proceed I should go back and review the cspa requirements. With no other action on my part I checked online yesterday and realized yesterday Dec 26th 2019 that NVC has reverted to F22 with all fees and documents marked as accepted.

Now my wories:

1) When I use the calculator to calculate, my sons CSPA age shows 21Years, 4months and 18 days where as when I calculated in June when I made the appeal it was between 20 and 21yrs. Nate that all cases in F22 category became current as at July 1st 2019 less than 1 month after my appeal.

2) Is it possible that the NVC will revert the case to F22 even when they are not sure the applicant is eligeble for CSPA?

3) In your opinion, What can I do? write back and ask for F24 ?

I will be very happy if I get a reply soon.

Thanks

I checked your results and also got your son's CSPA age as 21 years, 4 months and 18 days.

The problem is that USCIS took only 5 months, 8 days to approve your son's I-130 petition. During that 5 month time interval, your son's CSPA age was frozen.  IF UCSIS doubled that approval time to 10 months, such that the I-130 was approved on Jan 10, 2019, then your son's CSPA age would be 20 years, 11 months and 18 days (under 21 frozen as of July 1st, 2019 for one year). 

1) CSPA age is only calculated based on Priority Date becoming "Current".

2) No they will not revert it back to F22

3) There is nothing you can do to get F22 visa status for your son.  On your son's Priority Date of March 2nd, 2018, his age was 20 years and 6 months.  This age as of filing your son's I-130 is way too close to an age of 21 years to expect CSPA to help for F22 visa.  Basically, your son's I-130 was filed too late to be considered for the F22 visa.

You have to accept your son's F24 visa timeline as a result.

12 hours ago, Jane Hat said:

Do I need to request to add a sponsor (i864)and his wife (i864A)as well? I dont make enough money.

Thanks!

This is the part of the uploading system where you would do that.  The instructions should explain how to add additional sponsors.  The system appears to change how things are done, so I don't know the latest steps.

10 minutes ago, lalinda.chica said:

@Joseliza Thank you for the info. Were doing the affidavit of support right now. It get confusing. So, my mom is the petitioner. She live with us. Me and my husband have two kids. So my mom is going to fill up the form i864 and me and my husband as part of the household member is going to sign the form i864A right? Because we need to show income of almost 50k a year based on the size of the household. Me and my husband combine income is 50k. 

@7www7 Congratulations and good luck with the next step. 

Please do not post non-related CSPA questions to this thread.  Start a separate thread please for questions for applicants other than your CSPA protection questions for your child.

19 minutes ago, lalinda.chica said:

@7www7 Good to know I wonder if thats what happen to my sister. NVC give me her invoice no and the nvc case number, the  when I log in to pay the IV her name is not on the list either. When I call the NVC I ask for CSPA also. But Im

not sure if thats what happen to my sister case. Early this week I was able to pay her IV fee and submitted her DS-260 last night. Now waiting to complete  the rest of the documents. 
 

With your particular path of contacting NVC for CSPA protection and ultimately you are able to submit the DS-260 (and you have messaged me that the CEAC visa class has stayed at F22) keep watching that CEAC visa class over the next number of days.  If it stays at F22, that means you have already got CSPA protection before you filed the DS-260.  (really amazing)  Once all your documents are uploaded and you get  NVC "documentarily qualified" (you will get an email for that), your case will be automatically be sent to get ready for scheduling the US Embassy interview (and you get an email for that too).  Notice that during all this time in all cases, were are kept in the dark on the outcome of requesting CSPA protection (there is no email).  

37 minutes ago, 7www7 said:

Just got off the phone with NVC. They said his name does not appear because it's under review for CSPA and once it's been approved his name will appear in the applicants information. Thanks guys... 

Well that is REALLY important information.  I started this thread thinking it was great that NVC gave my DS-260 submitted applicant CSPA before that F22 visa became "current" because many people were saying NVC would not do anything related to CSPA until the that visa was "current".

Now you have a new FIRST that I know of:  the NVC reviewing CSPA for an applicant with a F22 visa that is "current" but the DS-260 not yet submitted.

Please keep this thread up-to-date with your FIRST-OF-A-KIND progress.

15 minutes ago, 7www7 said:

Yes, my son has a different case no and invoice id no. i already made payment for aos for him but not able to pay IV fee because his name is not in the applicants information unlike my daughters case(different case no and invoice no.) i was able to pay both aos and IV fee at the same time.

Contact the NVC as mentioned above. Your son as you say has a different case no and invoice id no ... but your applicant son info is not showing like you applicant daughter..  That is a problem NVC needs to fix.

Probably need to call and spend time waiting on hold to get this addressed by NVC.

58 minutes ago, 7www7 said:

Why is it for my daughter which is f22, i was able to pay both aos fee and iv fee at the same time. But  for my son(cspa) which is f24 i was able to pay aos fee but his name does not appear at applicant information but there's an option button "add applicant". 

"But  for my son(cspa) which is f24 i was able to pay aos fee but his name does not appear at applicant information but there's an option button "add applicant". "

This statement does not make any sense. You should have two different case numbers for your son and daughter.  The CEAC page for you son's case number should show him as applicant.  If it does not, I do not know why and you have to call NVC.   

5 hours ago, 7www7 said:

 

Thanks for the info. Maybe i need to wait for NVC to change the visa class to f22. I already paid for aos but for him to submit his documents(ds260 etc.) I need to pay for it but theres no option to pay for it, maybe because NVC switched him to f2b.

2 hours ago, Joseliza said:

It will happen. Keep reading articles about CSPA so that they when you call them you know what to ask. Usually it takes 3-4weeks for NVC inquiry to respond back to you. Call them(long hold...just a head’s up) 

My daughter’s biological age is 22 years old and 8 months (20 yrs & 11 months CSPA adjusted age) and she was given a visa. Be patient and persistent. 

For 1st quote above:

You need to wait 2-3 business days after successfully paying the AOS fee before the Immigration Fee can be paid.  Then you wait another  2-3 business days after successfully paying the immigrant fee before you can click on the DS-260 application button.

Do not call NVC for CSPA protection like in 2nd quote, I already have the NVC answer for this and posted this information in first post of this thread:

AFTER you submit the DS-260 (because NVC cannot act until this happens), you make a "CSPA Protection Request" thru the AskNVC webpage:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html?wcmmode=disabled

Make sure to give all relevant CSPA information (as you have already have done with your posts).  Wait at least 5-10 business days for a AskNVC response email that your "Request" has been forwarded to the correct department.  Then .... do not expect another email about visa class changed back to F22 ... just check CEAC online. This could take another 2-4 weeks.  You will get a NVC email that schedules a US Embassy interview.  Once visa class goes back to F22 and applicant is "current" (as they are), the interview scheduling happens within a month typically.

7 hours ago, Joseliza said:

Hi! I just want to tell you that I did what was on one of your posts. I instructed my daughter to email US Embassy in Manila at NVCexpedite@state.gov to get her case expedited.  After 3 days they scheduled her an appointment for medical on 10/27/2019 and interview at the embassy on 11/07/2019. I’ll just wait for the magic words “visa approved”. I will keep you posted. 

I’d like yo thank you for sharing your knowledge about this type of case. May you be able to help more people that all they want is to be united with their families. You’ve been such a great help. 

You're very welcome.  Working with the US Embassy in Manila is a very different experience as they seem to be more communicative.  Being prepared with the pertinent information you found in this thread obviously helped. It is very nice to have family together. Very glad you are on your way to having your family together by following the rules.

13 hours ago, Joseliza said:

So her age will be frozen as 20 yrs and 5 months CSPA age when priority date became current Last May 2019...even if  currently her real age is 22 yrs and 7 months? 

Yes, her CSPA age when priority date became current last May 1st, 2019 is frozen for a year since you "sought" immigration visa with NVC by submitting a DS-260 previously in Dec 2018.

3 hours ago, Joseliza said:

She submitted DS-260 December 2018. On CEAC page it says accepted already. So I don’t know if i’ll have her submit it again. Right now they just accepted all of our financial documents but they wanted me to rescan my greencard. That means I have to wait for another 3-4 weeks again for any update. Good to know that her age freezes. Right now her CSPA age is 20 yrs and 10 months so I thought we only have 2 months deadline for her to get interviewed otherwise she’ll aged out again. Thank you that is a relief.

The DS-260 is good from Dec 2018.  No new one required.  You will probably get a quicker response than 3-4 weeks again after scanning your green card.  You will be getting an official message where you uploaded your documents and also an email when you are "Documentarily Qualified".  That is the next upcoming goal.  Then after that NVC will schedule interview.  This will all get done before May 2020.

Keep doing what you are doing.

9 hours ago, Joseliza said:

Hi Juniper,

Im LPR. My daughter’s DOB 03/07/1997. Priority date Feb 6, 2017(which became current May 2019) Approval date 10/01/2018. She was able to submit DS 260, required documents and After paying visa and affidavit of support fees last Dec 2018 her category changed from F2A-F2B. They reconsider her case july 2019 under CSPA. She is now 20 yrs and 9 months using her cspa or adjusted age. Will her age freeze under CSPA? We are going back and forth turning in financial documents to NVC because there’s always mistakes on affidavit of support forms. Will her age freeze when visa became current? We don’t know when they’ll schedule her for an interview. I’m worried she’ll age out again using CSPA age. 

 

 

•  

When the DS-260 was submitted, the F2A-F2B visa was "sought with the State Dept."  Then you got the visa status back to F2A in July 2019.

Therefore, the beneficiary "CSPA age as of May 1st, 2019" freezes for one year to go through the NVC "documentarily qualified" time period (what you are doing now) and to allow time for getting the US Embassy interview accomplished.

The biggest problem you had of getting the F2A visa status is already solved.  NVC is working with you to get "documentarily qualified".  Then after that, NVC will schedule the US Embassy interview.  So don't worry about the aging out because NVC is working with you at this time with the one year CSPA freeze time period.

24 minutes ago, Unesouad22 said:

Hello guys 

I just have a question 

Is a child under 21 of a permanent resident  can be protected  with CPSA to. Or just us citizens ones ???

I believe my situation with F22 (F2A) immigration visa that started this thread, and all subsequent posters in this thread regarding CSPA, have been in regard to a child of a legal permanent resident.

3 hours ago, Raajsoni said:

Just wanted to update that status got changed to F22 without receiving any email. Happy for it.

 

i have another question if you could help.

My mother ( petitioner) has done only some cash jobs in USA without paying any taxes etc. I know we need joint sponsor. 

 

1. Does my mother need to also submit I- 864 even if she doesn’t work in papers or show any tax?

2. Or Can my sister only file I-864 as joint sponsor and then mom can skip it ?

 

 

please advice. 

 

Thanks for all your help.

 

1. Mother files I-864 as petitioner sponsor.

2. Sister files I-864A as family member sponsor.

Read instructions for I-864 will explain this.

Congratulations, the wait was not so bad.  I'm glad you checked CEAC for F22 change because an email does not seem to be generated in this type of situation.  I assume you can upload additional documents now.  That is very good.

After getting all your documents uploaded, you will have to wait for a "documentarily qualified" email.  After that NVC will schedule the interview and you should get an email for that date and time.

For example, I petitioned for my son with F22 (F2A) visa and filed I-864. My husband filed I-864A as household member sponsor.  All uploaded documents. 

5 hours ago, Bill & Katya said:

Yes, I did not mention that she does always travel with a copy of the marriage certificate, however, no one has ever asked for it.  At the airlines check-in desk, they did not bat an eye at the name differences on the passports, and Russian immigration did not care either, I don't think they even looked at the boarding pass when we entered, and even though Katya also showed her US passport at Russian immigration, again they had no interest.  Last year, the first time we traveled after Katya got her US passport, we did it the opposite, purchasing the tickets in her Russian passport name, and that worked as well.  This is the way we did it when she traveled when she only had a GC.  We did investigate changing her name on her Russian passport, but that process is long and arduous requiring her to update her internal passport first.

 

I hope that helps.

It helps immensely in knowing what we should do ...  which is to just leave the Russian Passport name unchanged because it matches Russian domestic passport name and matches Russian bank/asset name.    Thanks very much.  Just in case, like you said, it's good to have a copy of the marriage certificate handy for name change document proof.

On 9/4/2019 at 6:44 AM, Bill & Katya said:

My wife and I just did this, but in her case the names are different.  Anyway, all flights in the name on her US Passport, presented both the US and Russian passports at check-in since we transited through China without a Chinese visa (needed to show onward flight and document to allow us into the destination country, Russia), arrived in China, presented US and Russian passport to Chinese immigration as well as for the check-in for the flight to Russia.  Arrived in Russia, only Russian passport necessary.  She heads back in a few days, but if all goes well, she should only need her Russian passport at the immigration control in Russia upon exit, and her US passport at all other points (Chinese immigration, and US immigration).

 

 

Thank you for this post Bill & Katya.  So I have a question for you.  Assuming in your case that her Russian Passport uses her pre-married name and her US Passport uses her married name, what you are saying is that all airline tickets used her married US Passport name and she entered Russia using her Russian Passport with her pre-married name that does not match her married name on the airline tickets.  Does this situation really work in your case? Did she also have her marriage certificate with her to show her name change (was that necessary)?  Did she have an apostille stamp in her Russian Passport with her new married name?

Basically, she could enter Russia with her Russian Passport that has her pre-married name that is different from her name used on her airline tickets for all the flights?  This is information I would really like to understand.  Thanks again.

On 7/30/2019 at 8:45 AM, Raajsoni said:

You posted yesterday and I got email back from NVc this morning that my case is under review for CSPA eligibility check and they will let me know once decision is made but there is no timeframe for it. 

Atleast first step towards it.. 

This is very important first step.  With the F2A visa bulletin being "current", NVC is probably slower with the heavy workload.  Got to hang in there.

On 8/23/2019 at 2:11 PM, Laritya said:

 

 

 

Thank you both! I just looked and it said if a marriage certificate is unavailable, to send in documentation of it not being available and any other evidence of the marriage we might have? We don’t have documentation exactly of it not being available except that it’s not here yet... 😕 

Your I-485 needs a cover letter that explains each document.  On that cover letter for the marriage document explain why unavailable: write about your discussion with someone in the appropriate government department, get their name, title and confirm phone number and ask about estimated timeframe.  Also, you have that other non-official document to send in and explain in your cover letter. And maybe repeat that USCIS information you just found as your basis for submitting without actual offical marriage certificate.

Personally, I think that this will be good enough for submission to be accepted ... and later get an RFE.  But important to get that I-485 NOA1 to establish continued legal status as you are already thinking.

On 8/7/2019 at 2:08 PM, Gomast said:

You are missing one “small” issue. Russia is a contracting country to the Hague Abduction Convention. A minor child cannot be relocated to another country without the consent of both parents. 

Your statement is incorrect with regard to Russia: "A minor child cannot be relocated to another country without the consent of both parents."

Russia acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) on October 1, 2011; however, the United States and Russia are not yet treaty partners.

https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/abductions/hague-abduction-country-list.html

So that is why I got my minor child (who I have custody of and a child support order for) to immigrate to the USA because also according to Russian Law the father must legally petition for a travel ban and the father did not do that.  Leaving Russia border control, they check the travel ban data base and my minor child with IR2 step-child visa was free to go with one parent (me). I am describing a different timeline from my other son's F2A visa that is hooked to my current profile.

Applicable Russian Law:

According to Article 21 of Federal Law No. 114-ФЗ (FZ) as of 08/15/1996
on the Procedure for Exit from the Russian Federation and Entry Into the Russian
Federation, the procedure for filing an application stating opposition to exit from
the Russian Federation of a minor citizen of the Russian Federation shall be
established by the Government of the Russian Federation.

According to Decree No.273 of the Government of the Russian Federation
as of May 12, 2003 on the Establishment of the Rules for filing an application
stating opposition to exit from the Russian Federation of a minor citizen of the
Russian Federation, the above Rules describe the procedure for filing an
application stating opposition to exit from the Russian Federation of a minor
citizen of the Russian Federation in accordance with Article 21 of Federal Law No.
114-ФЗ (FZ) as of 08/15/1996 on the Procedure for Exit from the Russian
Federation and Entry Into the Russian Federation (hereinafter referred to as the
“application”).

An application must be personally filed by one of the parents, or adopted
parents, a trustee, or a legal guardian of the minor citizen of the Russian Federation
(hereinafter referred to as the “applicant”) with a local office of the Federal
Migration Service at the place of permanent or temporary residence, a border
control body, or a diplomatic mission (consular institution) of the Russian
Federation if the applicant permanently resides outside the Russian Federation.