wealtz

3 minutes ago, SusieQQQ said:

Then the son has aged out. He gets around 3 years of protection under CSPA (2005-2002) and is around 27 now, so his CSPA age is around 24. It’s a clear age out so exact dates don’t matter - he needs to be under 21 in CSPA terms when a visa is available (= when the priority date is current).

Thanks @SusieQQQ. 

Would you know/advise:   What's the best alternative in this case? Have the principal applicant and spouse get visa (assuming approved, then) enter the US and file for him? Also, since the son's IV was paid, how do we get a refund for his application?

++Info:
 

Approval Date: August 2005 

Hello, visa-journey-experts! I've been combing through the threads about this, but didn't quite find the very similar situation... 

Scenario:

Family-based petition: US citizen petitioned her brother and his family (spouse and son)

Son birth year: 1994, unmarried 

Priority date: Nov 2002 

NVC (Visa Case Creation) Letter: Mar 2021

Country: Philippines

Everything now is online. The Principal, wife and son were all in the system at the time we paid for AOS and IV (for all 3). Shortly after, I noticed that the Son's line item was removed from the system. Neither one of us (petitioner and applicants) had removed it (that option is on the website). Naturally, we re-added him and got a rejection immediately after that saying he doesn't qualify under CSPA. Called the customer service line, but that yielded to unfruitful discussion, as their answer says "he doesn't qualify for CSPA". 

Given all the information, here are the questions:

1. Is the "Approval Date" the same as NVC Letter Date? 
2. The son still is covered by CSPA, isn't he?
3. If so, how do we best rectify the son's application? 
4. Had anyone experienced the same? did you find out why the applicant was removed?

Any advice would be appreciated. If I missed other info, just let me know. 

June Kinney and others who might know,

I have a similar situation at the moment, my purse just got stolen with my conditional green card (expiring in 3 months) in it. I just mailed the I-751 (removal of conditional) a couple of days after the card got stolen.

Do you think I should file the I-90 or just let the I-751 go through first?

Thanks a lot!

Thank you for clarifying it.

Additional info I found, I will need a Re-entry permit, should I be away from the US for more than a year and less than 2 years.

F

All--

Sorry for the confusion, the proof of domicile is required if your spouse is also your sponsor (I-864), as iluvmymac mentioned. It's not related to a residence or non-residence in the US at the point of application.

W

TheRobinsons,

I'm so sorry to hear that... "establishing domicile in the US" is very important detail to them. We live in Italy, therefore, we don't have a resident in the US. What my husband did, is printed out all bank statments, all stock/bonds/mutual funds/retirement investments, to prove that he (or we) plan to stay and live in the US. Basically showing all assets are invested in the US.

Good luck, I hope they don't send you a refusal letter.

W.

When you say "legalized" what exactly do you mean?

You will need original copies or certified true copies (with raised seal) of some documents (refer to your checklist).

If all the documents are in language other than English, I believe you will need to have them translated (to English). Some US consulates will accept documents in local language, but you should be informed on your packet 3/4.

Hope this helps.

Dogwood_Poet,

I had an extra surcharge of $45 on top of $335 fee when I paid at the consulate in Italy (I'm holding a Philippine passport). I didn't bother clearing up with them what the $45 was for... (I got my CR1 at the end of the day, same day as the interview).

W

If you have completed and submitted them, then she does not 'NEED" to have another set of the filled forms (esp not for medical). Although, for safety measures, ask her to bring a copy of them anyway (including your tax returns).

It really depends... a friend of mine had all their papers submitted at the same time with a cover letter explaining everything. She got her interview within a month after the papers were submitted and three weeks later the green card was mailied to her. She's in Seattle.

My whole process took 4 months from the date of filing of the petition to the interview date (outside US). So it really depends.

I suggest you get all the paperwork ready, and put off the police certificate and medical exam towards the end - for their validity is shorter.

Good luck.

Congrats to everyone that has been approved! Woo hoo!!

Now, I have a few questions:

After obtaining the CR1 (if the couple lives abroad), the process is not completed until the last steps are done at POE. I've read somewhere that one has to keep his/her days outside the US to a minimal, however, for me, that will not be the case.

Q1: I will still need to travel back to the US every six months (after first POE): true or false? Any number of days required per visit?

Q2: After receiving the green card, will I still be required to apply for visas (e.g. UK tourist visa, I used to need one)? Similarly, will I now need to obtain a visa to enter Brazil, whereas Philippine passport holders normally don't?

Q3: Any restrictions on travels (destinations, i.e. Cuba, etc) while on CR1 ?

Thanks in advance!

F

meauxna: The I.T. world has its perks... I'm working remotely.

Boiler: Thank you so much!!

No, it is not a problem. H-1B is dual status, which means it remains valid while you are going through the Green Card application process.

Thank you for the answer!

Hello all....

I was wondering if somebody has a similar situation or can advise me on this.

Met my husband while in Michigan a few years back. We got married last September in the US.

I was and still am employed in an American company, and I still have my H1B stamped on my passport, and valid. But since October, I moved to Italy to be with my husband (my petitioner) for his job, and I was able to keep mine as well working remotely. We filed our I-130 a little after my relocation and interview is set for March. I'm not sure how long after the interview I can get an approval (hopefully). But I will need to travel back to the US for work (2 weeks).

Is there going to be a problem for me to travel on an H1B during a pending family-based DCF application?

Thanks everyone.

Hi Fofire,

H1B is a work visa, sponsored by an employer. Mine is valid for another year.

So I was wondering, if I'd encounter a problem...

Somebody else wrote a similiar thread not too long ago. Im not sure exactly what an H1B visa is but the one they were talking about was a tourist visa (I believe the wife was Ukranian or Polish).

Anyhow I believe the final answer was that as long as you dont violate any immigration laws (ie. overstay your visa) then it will have no impact on your application for a K3 or K1 visa.

Fofire

Hello all....

I was wondering if somebody has a similar situation or can advise me on this.

We got married last September in the US. I was and still am employed in an American company, and I still have my H1B stamped on my passport, and valid. But since October, I moved to Italy to be with my husband (my petitioner). We filed our I-130 a little after I moved here and interview is set for March. I'm not sure how long after the interview I can get an approval (hopefully). But I will need to travel back to the US for work (2 weeks).

Is there going to be a problem for me to travel on an H1B during a pending application?

Thanks everyone.

Fionna

Hello all!

I've searched the forums but have not found a posting that answers my question. Would appreciate if any of you could help me out.

Residency:

prior to 1999 - lived in Philippines

1999 to 10/2006 - lived in US (under f1 and h1b visa)

10/2006 to current - living in Italy (only 3 months so far).

My I-130 was filled and my packet 3 arrived. DS-230 will be sent soon.

Question regarding, police cert: will I need one? If so, from which country?

Thanks!