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Jacnie

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  1. I have submitted all evidence requiered on Form i130 for stepdaughter. Theres a page asking for secondary evidence.

    "If a required document is unavailable, you must provide a typed or printed explanation of the reasons that document is unavailable and submit secondary evidence to establish eligibility. Secondary evidence must overcome the unavailability of the required documents. USCIS may request an original typed or printed statement from the appropriate government or other legal authority to support your claim that the documents are unavailable."

    Should i skip this is all documents have been submitted?

  2. On 6/30/2021 at 1:58 PM, HRQX said:

    There is a CSPA calculation. Assuming that F2A remains Current then the CSPA result should be the age at the time of filing: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

    CSPA for Family and Employment Preference and Diversity Visa Immigrants

    If you are a family preference (including VAWA), employment-based preference, or DV applicant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

     

    So that means age should not be a problem since we file before she was 21?

  3. On 8/14/2020 at 11:02 PM, aaron2020 said:

    You're welcome.


    Make sure you have separate checks.  And separate piles of documents for each I-130.  NOTHING WILL BE SHARED BETWEEN THE TWO CASES.  THEY ARE COMPLETELY SEPARATE AND MUST HAVE THEIR OWN SETS OF DOCUMENTS.  

    We finished the form i130 for older daughter. Can someone tell me what others documents needs to be filed apart from this list?

    form i130
    child birth certificate
    copy of passport(wife)
    copy of greencard(wife)

     

  4. 1 hour ago, aaron2020 said:

    You can't lock in the age for the older child.  Whether this child will benefit from CSPA is unknown until her Priority Date is current and she has an approved I-130.


    You can lock in the younger child's age at the time of filing by being the USC stepparent petitioner.  

     

     

    If we decide to file for both child's together can both of them be on same i130 ?(in case wife filed for them).

  5. 52 minutes ago, aaron2020 said:

    You never know what will happen in the future. 

    With the current ban, the number of F2a cases waiting for visas are increasing.  Increase demand with limited annual numbers of visas means we will likely see a retrogression.  Back in 2009, there was a 5 years wait for a current PD in the F2a category.  

    I'm not a betting man, I would rather lock in a child's CSPA age at under 21 in the IR category rather than take a chance in the F2a category under current circumstances.  

    How can i lock  age for the older child that have 19.

  6. 27 minutes ago, aaron2020 said:

    Very valid point.  If they want both daughters to immigrate at the same time and not separate them.

    However, it means the younger daughter will have to wait an additional year to immigrate and possibly aging out.  If he files, CSPA locks the child's age in at under 21 when he files.  If she files, CSPA locks in the child's age when the PD becomes current.

    What you mean by CSPA locks age when PD becomes current?Didnt understand acronyms?

  7. 3 minutes ago, aaron2020 said:

    Your wife can certainly file separate I-130s for both daughters.  But why?  It will mean a longer wait for the younger child to immigrate if her LPR mom files.

    Once again, you can not file I-130s for both daughters.  You can not file for the older daughter.  You can ONLY file for the younger daughter.

    The younger daughter has two options to immigrate to the US.  Through you or her mom.  It would be quicker if you file for her.


    The older daughter has only one option to immigrate to the US.  Through her mom since you can not file for her.  

    Ok. Thank you for all this info. Thank you to all of you that reply. 

  8. 6 minutes ago, aaron2020 said:

    No.  I never said that.  Current age does matter.  

     

    You can petition for a stepchild that was under 18 years old when you married mom.

    Since the child is under 21 NOW, the case would be an Immediate Relative case.  If you wait and filed for her after age 21, then it would be an F1 family preference case.  So current age does matter.  

    Follow the Guides on VJ.  You start by filing an I-130.  

    Ok. Right now wife daughters are 18 and 19. When we married age were 17 and 18. So if i understands correct form i130 needs to be filled for each of them. Form i130 is filled by my or by my wife 

     

  9. 4 minutes ago, aaron2020 said:

    Too late to do K-2 follow to join since it has been more than a year since your wife got her K-1 visa.

     

    As a US citizen stepparent, you can file for the child that was 17 years old when you got married.  This is the quickest way for the child to immigrate.

     

    Unfortunately, you can not file for the child that was 18 years old when you got married.  A US citizen stepparent is only allowed to file for stepchildren that were under age 18 when they got married.  Your wife can file for this child in the F2a category.  This will take a couple of years because there's a presidential ban on F2a visas and the child has to wait for a current Priority Date.  

     

    Good luck.

    That means it only matters the age she have when we got married? She already have 18. What form do i need to fill?

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