PhiLandShiR

Look at the August 2013 Visa Bulletin. Look at the table for Family Sponsored and the line for F2a where every country is "C" for current. This means the Priority Date for all F2a cases will be current on Aug 1, 2013.

Ok.... but how does that help my sister-in-law as she would not finish the I-130 and NVC processing for months. Maybe a much as 6 months...

Hey everyone,

What kind of things will my Mother-in-Law require to take with her when she does CFO?

-phil

Famed Immigration Attorney Michael Gurfinkel has a PSA on TFC right now advising folks about this change. Your wife should know about this if she watches TFC...

Not a clue what TFC is...

We get no international channels on TV if that is what you mean...

You need to get the latest Visa Bulletin. http://travel.state.gov/visa/bulletin/bulletin_1360.html

Look at the August 2013 Visa Bulletin. The PD for the F2a category will be "Current" as of Aug. 1, 2013.

As soon as MIL gets her visa, have her come to the US ASAP so she can file for her child. The faster she comes, the better off her child will be.

Guessing, this bit of information changes things?

Not seeing anything that states the F2a catagory is any sooner than 2011....

But if we are prompt in sending everything, it guaranties that she will not get here inside 10 years and that makes the entire process moot.

CSPA is a tricky thing.

The only advice I can give is do not delay anything from your end.

I agree it is very tricky.

But if we are prompt in sending everything, it garrrentiees that she will not get here inside years and years of waitng that makes the entire process moot.

You realize that the PD for all F2a beneficiareis will be current as of August 1, 2013, and it would be an advantage for your mother in law to file for her under 21 yeara old child ASAP before the PD regresses right? If the I-130 is quickly approved, he could file the DS-230 and freeze his age before the PD regress.

Not from what I am seeing on USCIS.GOV.

They are still way back in 2010

does you mother-in-law have an interview date yet?

No, things are still creeping through NVC.

We are hoping she will get one in the next few weeks.

This is not a dig at you. Your intentions to do this is clear.

I just want to warn others that this is a dangerous game for someone who actually wants to come here.

Instead of a 2nd RFE, USCIS could deny and close the case. In this case, the entire processing time is wasted.

For clarity, who is the petitioner and what's his/her status?

I understand the possible problems. Mother-in-law will apply for her under 21 daughter. Daughter will turn 21 next July. The only way to get her here js to avoid ageing her out. I would love to have another way but can't think of any. Got any ideas?

She does want to come here but not if it takes 10 to 30 years. And I don't blame her.

LPR can apply for underage kids and processing time is about 2.5 years.

I just don't see any other way...

I do not want to do anything against the law. Just play the game to my advantage.

If we can't get her here within 3 to 5 years its pointless to continue. She is not going to place her life on hold for the next 27 years. Or even 10 years. If they get picky about it and want to ban her, so be it. It won't matter as she would not be coming over anyway.

We do plan to submit every document that is requested. Its not up to me to decide if any specific document is readable.

Case in point, my wifes birth cert was perfectly readable, to me. But we got an RFE on it anyway and had to send her mother off to dig through old church records to find a copy of her batptismal that supported what her bitrh cert said and submit that.

-phil

Do you really want to play with them that way?

Well, let's see...

They got to your documentations and see that something's missing. They sent RFE and put your papers away for 30 days.

After 30 days they check if you responded to their RFE.

- If you did, they check if you sent the right (and readable) documents and if you did, they proceed your application forward.

- If you did, they check if you sent the right (and readable) documents and if you didn't, they send another RFE. And put your papers away for 30 days.

After 30 days they check if you responded to their RFE.

- If you did, they check if you sent the right (and readable) documents and if you did, they proceed your application forward.

- If you did, they check if you sent the right (and readable) documents and if you didn't, they send another RFE. And put your papers away for 30 days

OR

- they check if you sent the right (and readable) documents and if you didn't, they deny your petition, since it seemed to them that you can't comprehend what's needed to proceed this petition. And they don't have time to waste and come back to your petition over and over again.

how do you assume you have up to one year to respond to a RFE?

http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/change-timeframes-rfe.pdf

Because every RFE I have received so far says I need to respond back within one year.

-Phil

What do you mean by generate RFE's untril the priority date becomes current? if it's failing to submit required documentation with the petition, the USCIS could send an RFE for all the documentation that is missing. if you sent only some of the documentation requested in the RFE, the USCIS could resume adjudicating the petition based on what was submitted. it doesn't mean the USCIS would send another RFE for what you failed to submit with the original RFE.

This is correct. We would submit everything that is requested.

We are submitting the I-130 for my wife's sister. But we are having her mother do the submitting.

So, we 'forget' to submit a birth certificate with the I-130,We get a request for one. An RFE. So we send them the requested certificate. As with most birth certificates from the Philippines it will be blurry and hard to read. As was the case with the I-130 we submitted for mother-in-law, they wanted more. So we got a Baptismal from the church.

I would expect we can get 2 requests this way.

We can legally delay sending in the papers for up to one year, per request, with out penalty, as is outlined in the RFE papers.

With only these 2 requests, we can push the approval time out to the point we just may be able to get her priority date current before the I-130 is submitted to NVC.

Its the only chance we have of getting her sister here inside of 10 to 30 years... before she ages out.

-Phil

.

So...

IF:

Preference Classification for Permanent Residence or Derivative

CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

AND:

the priority date is the date the I-130 is received at USCIS

THEN:

the best course of action is to generate RFE's until the priority date becomes current.

ELSE:

the child can age out.

Does that about cover it?

Thanks

-Phil

Hello everyone.

I am looking for information on when the clock stops and starts for a child under 21 as they approach their 21st birthday.

I know that when CSC stamps the I-130 as received, this creates the Priority Date and the clock stops ticking for both LPR and USC when they file an I-130.

My question is this: Does the clock start again for the LPR's child when CSC approves and forwards the I-130 to NVC or does it remain stopped until NVC says they are approved for a visa.

Note: I am not saying when NVC says there is a visa available, but only that all the paperwork is completed and correct.

I guess for that matter, does NVC even process any paperwork until a visa is available?

I am just trying to get the timeline down here.

When things start and when things stop...

Thanks!

-Phil

Check other documents to be sure it matches, like the passport. Maybe her name is different on the passport, date of birth, something like that. Otherwise, just fill it out and resend it. Perhaps they read it wrong.

THANK YOU!!!

That bit jogged my memory and I had indeed placed Shir's grandmother's birth date not her mom!!

-Phil

Finally I figured it out!!

I fat fingered her birthday!!

Thanks fo all the help from everyone!

-Phil

Youre mother in law is the PRINCIPAL APPLICANT. :-)

Yes, and the information in Part 2 is about the mother-in-law.

This is why I am confused...

-Phil

Hello everyone,

A few months ago my wife and I filed the I-130 for her mother. It was approved and sent to NVC.

Today I get an email requesting more information.

On my wife's I-864, they sent a Checklist of us to provide more information.

It states:

Part 2 Information on the Principal Applicant

1# This section is incomplete, please answer all the questions completely.

2# The biographic information provided in this part does not match the principal applicant of the associated petition.

Ok.....

I guess the first part might be because we left items 6 and 7, on the I-864, blank as her mother does not have an 'A' number nor does she have a SSN.

I spose we should have put N/A in there.

The second part completely baffles me as Part 2 of the I-864 is not about the principal applicant but its for the principal IMMIGRANT!!

Last time I checked my wife was the applicant and her mother was the immigrant.

What is NVC asking for???

I went over the original I-130 and everything seems to match up as I would expect it needed to be.

-Phil

I did pay a fee for the Support docs.

So there is another one they will send?

What is a IV fee?

Thanks

-Phil

Hello,

Just paid the AOS fee at NVC for my wife's mother.

I am sending in the Support papers tomorrow as well as the DS-3032 form.

Should I also send in the DS-230 and passport photos too?

We are running against a very short clock on this application and I do not want to wait for any requests to bounce back and forth between us and NVC.

Any help here from those already through this process would be great!!

-Phil

You may also want to think about some sort of ID card from the DMV as well.

Not the same as a drivers license, that can of worms can wait til later.

You will need to apply for that at least 30 days before her I-94 expires. at least here in Iowa that is...

-Phil

The general rule is that whatever passport you enter on, you leave on. If they are staying more than 21 days, I'd have them enter Ph on their Philippiens passports, and then leave on those passports. As other have noted, they must use their US passports to leave and enter the US

I have issues with this statement.

No one can leave the Philipines for the US unless they have a visa or a US passport. You can exit the US on any passport you want.

If you enter the Philippines on a Philippine passport and try to leave on it you will be questions as to where your visa is to gain access to the US.

I know this as we did this exact thing.

When entering, we showed my daughters Philippine passport and when we exited on the US passport, we were questioned as to where the entrance stamps were on the US passport.

When I produced her Philippine passport, all was good but we were sternly lectured on the requirement to produce BOTH passports when entering the Philippines so that BOTH passports can be stamped.

Once we got to the US we just used her US passport and had no questions asked.

-Phil

Hi guys! I have another question for upcoming vacation in the Philippines. I am trying to list the things I needed for my little one when we have our vacation in the Philippines.

For those who bring their kids in the Philippines. Did you guys bring a car seat for your kid/s during your vacation in the Philippines? What other stuff you guys bring with you? I am bringing my one year old then baby to the Philippines.

Appreciate suggestions.

We did this with our oldest.

We used China Air as they had bulkhead cribs that were a life saver!!

A car seat would have been pointless as there were no seat belts in the van we hired and the in-laws would never have allowed her to sit in it anyway as they were too busy passing her around.

Our daughter just loved it! She was the center of attension and just sucked it in!

-phil

Sorry to hear about your troubles.

It may be that the certificate of attendence would have been awarded if your wife had not left.

I would say she needs to return and stand up to them. Don't let them bully her.

Make sure you both have discussed answers to all the questions she was asked and that she has all the paperwork that you can imagine they might want to ask for.

Get your ducks in a row so to speak.

I have read many accounts that the CFO people tend to get way to involved in the lives of those who attend.

Its not anything you can change.

Just be prepaired for everything you can think of.

Tell your wife she needs to return and be bold! Now is not the time for shyness.

Good luck!

We all are rooting for you guys!!

-Phil

I just exchange cash at the airport while waiting for bags.

Not sure if its a good deal or not but its something to do while waiting.

Travellers Checks are a royal pain. VERY few places will take them.

Cash is King!

-phil

We are in this process as well.

Did NVC request the NBI clearence?

Why do you need to send this to NVC?

Thanks

-phil

NVC 603-334-0700 M-F 730am-12am.

I already received my NOA2 since Feb28 but unluckily my case is not yet with NVC. There are also a couple of VJ members like me, who are also waiting for like 30-50 days for our cases to be received by NVC.

I would call them again today as I just received and email from NVC that stated: "The NVC recently received this petition."

I plan to call them ASAP.

-P