Mr Twister

This is good news!

Appreciate your efforts.

Thanks

Yes she is.

Thanks

Hi all and thanks for any advice you can provide.

My step daughter sent in he I-130 (married to a US Citizen) but also wanted to send in the I-485 (at the same time) but wasn't able to due to website limitation. Has anyone ever gone through a similar process that could provide some help?

Also wondering if we could go ahead and mail in the I-485 now.

Thanks for your time and efforts!

I have read your link and understand what the article claims. I'm now seeking some professional advice with plan B in mind:

CSPA provides another type of relief referred to as the “opt-out.” This is very limited in scope. If a permanent resident petitioner filed a Form I-130, Petition for Alien Relative, for an unmarried son/daughter and then the petitioner naturalized, the beneficiary can choose to remain in the second preference classification instead of automatically converting to a 1^st preference classification. The reason that this may be beneficial is that sometimes the waiting time for the second preference visa is shorter than the waiting time for the first preference visa. If this situation applies, check the visa bulletin to see if the opt-out may be helpful. If the beneficiary wants to opt-out, he or she must make a request in writing to USCIS.

"Your wife naturalized AFTER her daughter turned 21"

Correct - but as I understand it, this still applies "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." (filed in November 2012, and it was approved in August 2013)

That is what i'm using to calculate:Bianca received her citizenship, in November 2013, Ana Maria's 'age' for the purpose of this petition was 21 years plus four months, minus 9 (CSPA Rule)months, or 20 years and 7 months(21.4 - 9 = 20.7).

Clear as MUD

All,

thanks for the support. For the sake of knowledge, here is what I found.

CSPA basically states that a person's age (a child that is under 21 and is petitioned for permanent residence by a US Citizen) is reduced by the amount of time that the petition is in process. This means the time when the petition was filed and the time when the petition is approved. In Ana Marias's case, her petition was filed in November 2012, and it was approved in August 2013. The lapse of time between these two events, in other words, the processing time of the petition was nine months.

Because Ana Maria's petition was filed before she became 21, her age is reduced by the amount of time that the petition was in process; a total of nine(9) months. So, at the time that Bianca received her citizenship, in November 2013, Ana Maria's
'age' for the purpose of this petition was 21 years plus four months, minus 9 months, or 20 years and 7 months(21.4 - 9 = 20.7).

Therefore, the second clause below (If the petition(Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized) applies.

Ana Maria's age, for the purpose of this application 'freezes' at the age 20 years, seven months, the month that Bianca received her citizenship. So she qualifies to become permanent resident under this clause.

Hello,

my wife applied for her unmarried daughter (under21) while she was a resident. My wife is now a citizen and unmarried daughter is over 21. It looks like she has gone from an F2A to a F1 which looks like it might be a disaster as far as wait time is concerned. Do we have any options here?

Thanks for any help!

Hello all,

we got an RFE that claims "This Notice contains your unique number and must be submitted in the original with the requested evidence."

OK great....where in the heck is this unique number located??? Is it the A#?

Thanks.

Bump.

Bump.

Hello all,

My wife is petioning for her unmarried daughter under 21. 3 years ago we had brought her over under my wife's K1 visa. Once here, she decided to go back to Colombia and finish her studies (she never applied for anything while here). When she was about to leave, they had her sign a document that has something to do with not accepting permanent residence at that time. They explained it was no big deal. Anyone familiar with this and can it affect her I-130 app?

Clear as mud.....

Thanks.

I would suggest that you make an infopass appointment (http://infopass.uscis.gov/) and have them stamp your passport.

Hi all,

My wife is now applying to remove conditions. We now want to petition for her Daughter who is unmaried & over 21.

Am I correct in that she can already apply for her now and we need to send in I-130,G-325A and optionalForm G-1145 E-Notification?

Thanks for your help.

If your wife has a permanent resident card now she can file the I-130 for her daughter at this time, but the daughter will be F2B and she will have to wait until her priority date is current before her application is processed at NVC.

SO it still holds true that she might as well wait till she is a citizen (she has to have her green card for 2 years & 9 months to apply as I am a US citizen) and then apply for her daughter...correct?

Hello all,

trying to figure out if I'm correct on this....my wifes green card say's "permanent residence" with an expiration date of 06/2012...does not say anything about conditional but I take it that you are automatically conditional untill you apply for removal. So,I plan to apply for removal in 03/12. So after she gets approved, here is what I really want to know.

Once she is a permanent residence, I'm I corect that she can then apply for her unmarried daughter over age 21 (I-130) AND am I correct the timelines show that it takes 5 months?

WOW, if this is correct, she is going to FLIP OUT!!!!!

Thanks for helping me out.

Hello,

we are about to send in the perm res app for my wifes son but the 90 day k2 visa expired on Jan 25. Will this be a problem? Should we consider another route?

Thanks.

Yes but the app is not for my wife, its for my step son.

Hello,

we are about to send in the perm res app for my wifes son but the 90 day k2 visa expired on Jan 25. Will this be a problem? Should we consider another route?

Thanks.

Hello all,

Thanks for taking the time to read my post....Form I-864, filling this out for my wifrs two kids ages 15 & 18. So is my wife suppose to fill it out as the primary sponser and I as the ????

my wife is a student so the only income is mine.

Thanks again all.

Hola gracias por responder, cuando se casaron yo tenia 17 y mi hermano 14, en enero 9 cumplen un año de casados.

Entramos con visa k2 y no se que es i 94.

Si es ciudadano americano y nuestro plazo para entrar al pais era hasta el 29 de octubre del 2010.

Si puedes darme informacion sobre lo que hay que llenar estarias muy agradecida!

Hola amigos latinos mi nombre es Ana Maria Niño, tengo 18 años y llegue el 24 de octubre del 2010 desde Colombia; mi madre es residente permanente y su esposo quiere hacer peticion por mi y mi hermano de 16 años.

Ya que estamos aqui nos gustaria saber que formas tendriamos que llenar para la residencia permanente.

Aprecio su tiempo y colaboracion a la persona que pueda brindarme esta informacion.

Gracias.

Hello all,

I live in Miami and need to know if it is possible to Notarize a document to be used in Colombia. The document is for my wifes son permission to travel here to the US and we need it ASAP.

Thanks.

Hello all,

My wife's Daughter who lives in Colombia wants to apply for a tourist visa to come visit her mom here in the US.

I have heard how impossible this task is but still want to try everything I can.

Her Daughter is 24 years old, single, graduated with a 4 year degree in Finance and has a good professional job.

My plan was to send a letter documenting who I am and that I would be responsible for her visit to the US. I would also document that we plan to officially ask for her once her mother becomes a citizen. I was also planning on contacting my Senator for suggestions or documentation that would help her obtain a tourist visa. I ask if anyone has any suggestions to please reply with their thoughts. Thank you

Hello all...

First the K1, than the AOS...all good so far

Now, my wife has a daughter that is over 21 and unmarried. My question...several....I take it she can now petition her with the I-130 but is it best to wait till she becomes a Citizen???

Also, it looks like a Perminant resident can apply for Citizen after 3 years? Dazed and confused once adain...

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