areyaar

Ricardo and everyone else who has responded:

I am the original poster, thanks for your help. So I guess my wife's parents will come now and then the younger sister (who is 19 and unmarried) will have to come later.

I was wondering about the Child Status Protection Act. When my wife's parents come here, they will be LPRs, and you guys/gals are saying that they can file a petition for the younger sister (who is in India) as soon as they are LPRs.

So assuming they file for her as soon as they get here, is that when her age is frozen for CSPA purposes? (I guess Ricardo this would be the same situation for you, but you probably don't need to worry too much about the CSPA because your brother is so young.)

For us I think this will make a huge difference whether: (i) CSPA kicks in as soon as they file for her as LPRs (because they will come in a few months and she will only be 19 at that point) or (ii) CSPA doesn't kick in until they become naturalized citizens at which point she will be over 21.

Which of this two scenarios do you think will apply to us?

As always, thanks!!

Ricardo (or anyone else that knows):

In your post of September 30, you said "UNmarried child (any age) is currently 5 months with USCIS and it splits at the NVC." What is your source for that? I can't find the link that discusses this scenario.

Hi, 

I had a question about unobtainable birth certificates. My USC wife has filled out an I-130 for her mother and we are now collecting/sending documents to NVC.  Her mothers birth certificate is unavailable.

We see that the "Documents the Applicant Must Submit" webpages states the following:    

Unobtainable birth certificates

If your birth record is not obtainable for any reason, a certified statement must be obtained from

the appropriate government authority explaining why your birth record is unavailable. You must

also submit secondary evidence such as:

A baptismal certificate that contains the date and place of birth, as well as both parents names

(providing the baptism took place shortly after birth)

An adoption decree for an adopted child

An affidavit from a close relative, preferably your mother, stating the date and place of birth,

both parents names, and your mother’s maiden name.

Note: An affidavit executed before an official authorized to take oaths or affirmations must also

be provided. More specific information is available from the NVC.

We were going to get the affidavit from a close relative as suggested by the NVC but I was confused by the last "Note" because it says "must also." I am sure we are over-reading it but i just want to confirm: in this situation, we can just send the certified statement from the appropriate government authority and an affidavit from wife's mother's brother, and that we don't need any other affidavit. 

What do you think? Thanks! 

Hi, I'm the original poster, thanks for all your responses. As I am filling out the 864 for each parent. I wanted to include the younger sister on the the 864, can I do that?

Also, question 9 says: Do not include any relative listed on a separate visa petition.

Can I still include the younger sister on the 864 for the parents?

Thanks!

Help filling out 864 and DS230

Here is our situation:

Wife is a USC, and we would like to have her parents and sister (who is currently unmarried and 19 years old as of today).

Last year, we filed I-130's for both her parents AND her sister. Our thinking was that in case the sister could not come with the parents, at least she would have her own file going.

Now, we have gotten approval for the parents to initiate their visa interview. So we are filling out their 864 and DS230 for each parent.

My question is, how can I ensure that the younger sister will also be able to immigrate with the parents (there is zero chance she will marry in the next year or two)?

Hello, my wife came to the US on a K-3 visa and we just got her Permanent Green Card (i.e., we had the Conditional Green card, applied to get the condition removed, and she got her Permanent Green Card).

I believe the next step is filing for naturalization, which I was planning on doing sometime in the next few weeks. My question is, we want to travel to France and Italy next month. I am a US citizen.....is she allowed to leave the US? Do we have to go through any extra hoops?

Please help, since we need to book tickets ASAP if we plan on making this trip.

Thanks!

Hello, I am a US citizen and my wife came into this country on a K3 Visa. She got her 2 year Conditional Green Card in Jan 2005, and we filed the I-751 petition in a timely manner. In Feb 2007, she had her biometrics done.

After that, we have heard nothing. When the one year extension was almost up, and we hadn't heard anything, I called INS. They told us to get an InfoPass appointment, and we got the I-551 stamp on her passport for two months (the stamp expires on March 6, 2008).

I spoke to INS again today, and they still don't have any resolution. They told me they are processing 751 applications that came in on Feb 10, 2007. Our 751 date is Jan 10, 2007. So, the point of this long story is: we want to travel on a Mexican cruise on March 17, 2008. At that point, she may only have an I-551 stamp. Will this be an issue?

Actually, I am worried about booking the cruise because what if (God forbid) they come back and deny her green card. I can't imagine that, but still, you never know.

Do people book cruises and expensive vacations while still waiting to hear back on the permanent green card? Or, even worse, when they are past the 1 year date past the 751 and are now on I-551? Makes me kind of nervous. Any advice for the ultra-conservative likes-to-plan-everything and don't-like-booking-a-$2000-vacation-if-I-don't-know-she-will-have-her-green-card types??

Wow thanks for all your responses! Makes me feel a lot better. I will let you all know how it goes! Thanks!

Hello, I went through some of the pages of this post (I must admit I did not go through all 42 pages) but I was trying to find someone who did not hear anything at all after their biometrics. Here is our situation:

I am a US citizen and my wife came into this country on a K3 Visa. She got her 2 year Conditional Green Card in Jan 2005, and we filed the I-751 petition in a timely manner. In Feb 2007, she had her biometrics done.

After that, we have heard nothing. I called USCIS in July, and they said I have to wait 180 days after the biometrics. So I called them again in September, and was unable to get through. Finally, I got through to them but they said she needed to be there with me on the phone. So then we called them together. I asked them about the status of her Petition to Remove Conditions and they said there was no update, and that he going to put in a service request. He said if I don’t hear anything within 60 days to call them back.

Well, here is the problem: my wife’s GC originally expired Jan 12, 2007. Now, with the one year extension from filing the 751, she’s only legally allowed to work and be in this country until Jan 12, 2008. The person I spoke to suggested I schedule an Infopass appointment and to get a stamp from them to extend her conditional green card.

So, on Monday, Jan 7, we have an Infopass appointment. What should I expect? How often does this happen, where they don’t get back to you within the one year extension? And how easily are these stamps that he referred to given out? Should I take everything with me that I submitted with the 751 (all the evidence of a bona fide marriage)?

I am very concerned because if the local office in Chicago does not extend her conditional green card, then (I believe) she can no longer be here past Jan 12, 2008. Please help with suggestions, or advice, as to how we should proceed.

Thanks for your help. Looks like YuAndDan's response answers my question. I am curious, where exactly does visajourney get this info from?

As you can imagine, I am still a little apprehensive. Is there anyone else out there that has had a similar experience as mine or heard about something like this? Thanks!

Hello, I am a US citizen and my wife came into this country on a K3 Visa. She got her 2 year Conditional Green Card in Jan 2005, and we filed the I-751 petition in a timely manner. In Feb 2007, she had her biometrics done.

After that, we have heard nothing. I called USCIS in July, and they said I have to wait 180 days. So I called them again in September, and was unable to get through. Finally, I got through to them but they said she needed to be there with me on the phone. So then we called them together. I asked them about the status of her Petition to Remove Conditions and they said there was no update, and that he going to put in a service request. He said if I don’t hear anything within 60 days to call them back.

Well, here is the problem: my wife’s GC originally expired Jan 12, 2007. Now, with the one year extension from filing the 751, she’s only legally allowed to work and be in this country until Jan 12, 2008. The person I spoke to suggested I schedule an Infopass appointment and to get a stamp from them to extend her conditional green card.

So, on Monday, Jan 7, we have an Infopass appointment. What should I expect? How often does this happen, where they don’t get back to you within the one year extension? And how easily are these stamps that he referred to given out? Should I take everything with me that I submitted with the 751 (all the evidence of a bona fide marriage)?

I am very concerned because if the local office in Chicago does not extend her conditional green card, then (I believe) she can no longer be here past Jan 12, 2008. Please help with suggestions, or advice, as to how we should proceed.

Thanks!