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david-chicago

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    david-chicago reacted to Family in Subject: Inquiry Regarding Stepdaughter’s Eligibility for Priority Date Transfer   
    No …it will have to wait for priority date to be current. See link in prev response. They may approve it quickly but will be many years .
    Make sure you indicate , she will do consular process . 
     
     
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    david-chicago reacted to pushbrk in Subject: Inquiry Regarding Stepdaughter’s Eligibility for Priority Date Transfer   
    It seems you would have had the option to proceed with the original, if you did not notify NVC to upgrade the petition.  Maybe the Naturalization occurred BEFORE the petition was approved??
     
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    david-chicago reacted to Family in Subject: Inquiry Regarding Stepdaughter’s Eligibility for Priority Date Transfer   
    Since F-1 visa cat for adult daughter of USC will take a decade or so , best case scenario. …encourage her to laser focus on her education with eyes on employment visa …H-1B or fields in the NIW realm . 
    Unfortunate misstep in your naturalizing , as it means no priority date retention nor age out protections . 
     
    Family-
    Sponsored  All Chargeability 
    Areas Except
    Those Listed CHINA-mainland 
    born INDIA MEXICO PHILIPPINES  F1 08FEB15 08FEB15 08FEB15 01MAY01 01MAR12 F2A 08SEP20 08SEP20 08SEP20 15AUG20 08SEP20 F2B 22NOV15 22NOV15 22NOV15 22OCT03 22OCT11 F3 01OCT09 01OCT09 01OCT09 08SEP98 08JUN02 F4 08JUN07 08JUN07 15DEC05 15OCT00 15JUN03 https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-april-2024.html
     
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    david-chicago reacted to Dashinka in Subject: Inquiry Regarding Stepdaughter’s Eligibility for Priority Date Transfer   
    Were you married to the mother before your step-daughter turned 18?
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    david-chicago reacted to mam521 in Subject: Inquiry Regarding Stepdaughter’s Eligibility for Priority Date Transfer   
    When you naturalized, your wife's category changed from FP to IR.  IR petitions are not allowed to have derivatives like FP petitions (yes, it seems rather silly that FP's can but that's a whole other discussion).  You should have filed an I-130 for your stepdaughter and requested an expedite on the grounds of her being a derivative on your wife's petition, but a category change resulted in the requirement for the new I-130 application when you naturalized.  
     
    Can you confirm the answer to @Dashinka's question? 
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