MsDropofrain

thank you, everyone. Fingers crossed

Hello, and I apologize in advance for asking too many questions.

A little backstory:

My mother is a US Citizen and she filed I-130 for my sister in March 2012. At that time my sister was married and was under the F3 category. In May of 2022, she and her children came to the U.S. under UHP parole due to war in Ukraine. Last year my sister's pending divorce was finalized and her category was changed to F1. In December 2023 she received the "Expedite Notification" that the U.S. Embassy in Frankfurt, Germany, approved the request to process my sister's immigrant visa case expeditiously.

We were advised that my sister can apply for AOS since they are lawfully present in the United States.

Questions:

I also need to make sure I understand the "Checklist of Required Evidence for form I-485" on the USCIS website. At first, they say this: 

Family Members: If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for adjustment of status and file your own application. You cannot qualify for adjustment of status as the derivative beneficiary based on the immediate relative’s application.

and  later below

• A copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-130 (unless you are filing your Form I-485 together with the principal applicant’s Form I-485);

1. Do we fill out 3 forms and submit them together? And we can include one check for all three?

2. When completing each form separately, what do we provide under the household income for the girls if neither works? My sister has a job now on a valid EAD.

3. I am a joint sponsor, so I am assuming I have to include three copies of the Affidavit of Support?

4. One of my nieces will turn 21 in March. Should we be concerned that she will "age out" while waiting on the approvals?

Any suggestions are appreciated. Thank you!

4 minutes ago, MsDropofrain said:

yes, that is correct.

that's great to hear!

I am assuming that she first needs to finish DS-260, pay applicable fees, and provide all supporting documentation since there was almost no "grace period" between the NVC Welcome Letter and then Expedited Notification moving her case to the U.S. Embassy in Frankfurt.

27 minutes ago, Boiler said:

F1 means she is divorced? She is divorced I take it?

yes, that is correct.

All right. So we have an update on my sister's case. First of all her category was changed to F1 and her PD was kept as March of 2012. She also received this letter yesterday:

"The U.S. Embassy or Consulate in Frankfurt, Germany approved your request to process your immigrant visa case expeditiously. We are forwarding your case file to the embassy or consulate for their action.

The Consular Section will contact you to schedule your visa interview once they receive your case file. This can take several weeks.. If there is a change to your address (mail or email) or phone number, please tell the U.S. Embassy or Consulate right away to ensure they know how to get in touch with you. You can find contact information online at usembassy.gov."

Everything went so fast with NVC that she wasn't even able to finish her DS-260 yet. They just moved her case to Frankfurt.

Can she apply for the Adjustment of Status now since she's already been in the USA for the past 18 months? She already went through a biometrics appt to get her Employment Authorization Document and had her medical exams when she arrived in 2022. Also, I don't think that she can leave the country and come back if she is in UHP/parole status (?).

On 10/4/2022 at 10:37 AM, Lynxyonok said:

U4U are exempt from Covid-19 requirement.

 

I would check Ukraine-based sources of information for transportation, e.g. Facebook or Telegram groups.

this is not accurate.

On August 10, 2022 we got the following email addressed to the beneficiaries of of Uniting for Ukraine:

Updated COVID-19 Vaccination Requirements: The U.S. Department of Homeland Security (DHS) has updated the COVID-19 vaccination requirements for beneficiaries paroled into the United States under Uniting for Ukraine. All beneficiaries aged 6 months and older must now have an attestation submitted attesting that they have received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception. Previously, beneficiaries younger than 5 years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

• Before Traveling to the United States: To receive travel authorization under Uniting for Ukraine, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they received at least one dose of a COVID-19 vaccine approved or authorized by the Food and Drug Administration or a COVID-19 vaccine listed for emergency use by the World Health Organization, unless they are eligible for an exception. 

• After Arrival in the United States: After being paroled into the United States, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they completed or will complete their COVID-19 vaccination series (in other words, they will be fully vaccinated) within 90 days of arrival or within 90 days of reaching the eligible age for vaccination according to the current Centers for Disease Control and Prevention guidelines, unless they are eligible for an exception. The attestation is a condition of parole and must be completed in the beneficiary’s USCIS online account. Beneficiaries are responsible for arranging their vaccinations. 

On 10/4/2022 at 11:02 AM, Jimmy2pinz said:

Thanks for the quick reply Kineo. We have been discussing about having her and her son travel by plane. Not sure if she should go back to Europe and then fly from there to Boston, or direct from Canada. I'm just nervous if she gets stuck in Europe and then we start this whole process over again (it was quite expensive in Poland in April before I got her to Canada). Overall though, it sounds like she is now ready to travel. We were both surprised how there was little detail in that half page document though. There was pages and pages of documents I had printed for her to get to Canada. I guess we streamlined it for U4U here in the states, but didn't think of alternative ways they'd cross the border 😉

Thanks again!

-Jimmy

I suggest they come by a plane from Canada to ensure they get paroled for 24 months. Like someone mentioned above, it does not matter where their flight is from.

sigh. We are just worried that my niece who is 19.5 now will "age out" like my brother did - he could not come with my mom because he turned 21 while waiting on the approvals.

2 hours ago, SteveInBostonI130 said:

 

First, if the I-130 is approved, then that is that.  It is for records only.  Your mother should have received the NOA2 and a welcome letter from the NVC.

 

Second, now that your sister is not married, contact NVC.  Her category should switch to F1.  I am not sure if she gets to keep the March 2012 PD date - I will have to defer to others.

 

Third, contact NVC for the next steps.  Your mother does not need to update the I-130.  Your sister also does not need to update the I-130.  Your sister will need to fill out the DS-260 with the updated information.   USCIS/NVC understands that things change in the years it takes for the PD to be current, and allows the information on the DS-260 to be different from the I-130.  Moving forward, the DS-260 will be used for visa approval and family derivatives.

 

Fourth, if your sister is successful in switching category to F1 and can keep her original PD date, then I believe her PD will be current and she can adjust status.

Thank you for your great suggestions. I will keep in them mind, but we can't submit DS-260 since her case wasn't transitioned to CEAC site yet.

Today I was able to add the case number to my sister's USCIS account and this is what it says.

Case Was Approved

On July 16, 2014, we approved your Form I-130, Petition for Alien Relative, Receipt Number WACxxxxxxxxxx. We sent you an approval notice. Please follow the instructions in the notice.

However, back in November 2014, the following email was sent to me (as her agent) :

"Due to the numerical limitations on immigrant visa issuance prescribed by law, this petition is not eligible for further processing at this time. The petition will be retained at the NVC until an immigrant visa becomes available. "

I believe that there was no other communication since then. Since my sister is in the US though U4U program can we try to expedite her petition?

Hello!

My mother submitted I-130 for my sister in March of 2012 under F-3 category. Because of the war in Ukraine, my sister was able to come to the States with her two daughters 4 months ago through Uniting for Ukraine program. My sister currently lives in San Francisco with our mom. We need to update my sister's info on her I-130 but I am not having any luck doing it electronically. First of all, she had another child which should be added to her mother's application/petition. Then, my sister legally separated  and was in a process of divorcing her abusive husband when the war started. So, she wants to remove him off the original petition. Lastly,  we need to update her mailing address since she will be living in the US for the next two years. Is there a way to update all of this information electronically? As far as I know, my sister does not have a NVC case number yet. Supposedly, her case was approved in 2014 and something was mailed to her but we were unsuccessful in retrieving that notification. Where do we start?

On 7/25/2022 at 6:01 AM, Maugliavus said:

Understood. Thank You

 the Consular office in Poland put my 4 y.o. niece's photograph, name, and DOB into her mother's passport. They had no issues getting on the plane or crossing the border. both got parole stamps and separate I-94s. When completing the I-134, enter mom's passport number on both applications.

6 minutes ago, SusieQQQ said:

 

 

Assuming OP or someone is making enough and willing to be joint sponsor for the wife, as he obviously won’t have any US income to show for the i864.

yeah, that would be me and my husband

thank you, guys, truly appreciate all your comments! I am getting a better understanding of this situation and can provide some options/answers to my brother. Ultimately, it should be their -educated- decision. We want to do everything according to the immigration laws.

1 hour ago, SusieQQQ said:

For the new family to stay together the only way is to do it longer under F3. He keeps his current priority date for that, what is it by the way?

 

There is no fiancée option for a green card holder.

His priority date is March 29, 2012. I don't think my brother will be taking his child to the US without the child's mother. I cannot even imaging that his girlfriend would even entertain this idea of being away from their baby. there is no way.

If they decide not to marry and my brother moves here. How long does it take to get his green card? Immediately or several months later? He moves to the US, gets a green card and then goes back to take care of the marriage?

So, for F3 priority date is 01FEB08,  at least six more years........

I am trying to gather all pros and cons for each option. Sorry, I haven't dealt with the immigration issues for about 20 years, I am really rusty. I really appreciate all possible suggestions.

Hello. This is a long story. My brother was supposed to come over with my mom many years ago but he aged out (turned 2) just 4-5 months before their supposed arrival. So, she came by herself. Then my mom listened to her "friends" who gave her ill advise to wait until she becomes US citizen to apply for my brother. So, she waited and applied later. NVC approved  his immigrant visa petition last year and my brother is currently gathering his civil documents but with Covid-19 it's taking forever. Of course, life is going on since I immigrated 25 years ago. My mom is retired now and I am a joint sponsor since her income dropped. My brother just turned 40 and found out that his girlfriend of many years is pregnant (this would be his first child). At this point I do not know what's the best way of handling this situation. Since he was under "unmarried child" category, it is my understanding he should remain single. However, what to do with the baby? My brother's girlfriend is panicking that he's going to leave her and the baby and is pressuring him to get married.  That may change my brother's visa category and add additional 5-7+ years of waiting time. Since my mom is a primary petitioner and is not in a greatest health, I am not sure if she would be even alive if we had to wait that much longer. If he does not get married until he gets his green card, can he invite her as his fiancee? Or is it better for him to get married and just wait? What happens with his petition if my mom is no longer with us?