Please help..Question about I-130 at NSC and DCF

[Revolution 0]

Hi to everyone.

I already searched thru topics here and someone had a similiar question but mine is slightly different..

I got married before I entered US and after I was aproved for a refugee based visa. I filled I-730 for my wife here but it was denied because I derivated my status from my parents and as such I wasn't allowed to sponsor anyone.

I was told I could send I-130 once I become a GC holder so I did it. I was aware of the fact that it would take few years before I can bring her and that nothing would happen until I become a citizen.

The I-130 was aproved in may 2005 and nothing has happened ever since.

I sent N-400 to NSC and I am scheduled for an interview and citizenship test in July 2006.

I called USCIS and asked them what to do after I become a USC and they told me I should call the visa center and let them know I am a USC now.

I heard that US embassy in Sarajevo (we are from Bosnia and she is still there) allows to go there and directly apply and some people already have done it and finished it in couple of months.

My question is: Should we go there and do it the same way and what about the I-130 I already sent to NSC and should I mention that I did it and that it was aproved?

I was also wondering if it's faster to continue the process here since it was already approved.

Thank you in advance.

[jula 0]

Sorry can't answer your question.

But I have one for you (it may be very important): how old were you when you received visa? As far as I know one can derivate refugee/asylum status ONLY as an unmarried child under 21. If you married before you activated your visa (entered the US), you likely violated terms of your visa and that will come up during your naturalization. I hope somebody will tell me I am wrong.

[Revolution 0]

Sorry can't answer your question.

But I have one for you (it may be very important): how old were you when you received visa? As far as I know one can derivate refugee/asylum status ONLY as an unmarried child under 21. If you married before you activated your visa (entered the US), you likely violated terms of your visa and that will come up during your naturalization. I hope somebody will tell me I am wrong.

I was 20 when I received the visa which was in february 2001. At that time I was dating my present wife. My parents and me had already been in process for 2 years (before I met her).

After we got approved and after she finished school we decided to get married so I wasn't married at the time while I was in process or before I received the visa. I got 21 on April 25th 2001 and we married on

April 28 2001.

I arrived in USA in May 2001.

My case is complicated but I don't think I broke any laws. All I know is we have been separated for the past five years and I want to bring here as soon as I can.

Thank you for your input

[jula 0]

I was 20 when I received the visa which was in february 2001. At that time I was dating my present wife. My parents and me had already been in process for 2 years (before I met her).

After we got approved and after she finished school we decided to get married so I wasn't married at the time while I was in process or before I received the visa. I got 21 on April 25th 2001 and we married on

April 28 2001.

I arrived in USA in May 2001.

My case is complicated but I don't think I broke any laws. All I know is we have been separated for the past five years and I want to bring here as soon as I can.

Thank you for your input

I understand you and for your sake, I hope you are right. However, at the time you "used" your visa your circumstences had changed and you did not qualify to enter the US as refugee derivate since you were married. That could be a problem. Let's see what others have to say.

"If your child is outside the United States and has been approved for derivative refugee status, your child will be able to come to the United States as a refugee at any time as long as they are under 21, unmarried, and maintain their relationship with you" from uscis.gov

I hope someone will reassure you and give the answer to your original question.

[Revolution 0]

I see what you mean but I applied for my green card and adjusted my status based on the refugee status and was approved even though I stated I was married and stated the date of marriage on application.

Also when I sent I-730 the case was denied because "a derivated refugee cannot apply for a follow-to-join relative". Right now I am a PR and applied for citizenship based on my permament residency.

[meauxna 15]

I think jula knows more about this than me. My recommendation would be to get a legal opinion, because I think that jula brings up some good issues.

On the DCF front, I don't know how to answer that either. I suspect that you could do it and cancel the first one, but that will depend heavily on what the consulate says. Will they take your case since you don't live there, and you must make them aware of the previous I-130. I think they will understand your situation and not give you a hard time, but this is a circumstance unique to you and you can only get the answer by contacting them. I recommend that you read the DCF Guide here before you contact them.

And get your own status thing checked out, just to be safe.

Best wishes.

[Revolution 0]

OK. I found this concerning the issue about the derivated status

http://www.uscis.gov/graphics/lawsregs/han...tat.%20927'

The sections 4 and 5 on page 3 cover this...

I also must mention that at that time I couldn't speak English and didn't know any of the laws I know now. All we did is listen to the officers and if I beleive correctly i was advised to get married before I leave so I can bring her to US. At the time I entered USA I was over 21 and they said I could go because I was under 21 at the time of the filling and the interview...

I would also be very thankfull if someone could help me with my original question

[meauxna 15]

I would also be very thankfull if someone could help me with my original question

Which one? I thought that I did.

If keeping the US filed petition, factor in how long it will take you to get through the NVC (3-4 months?). It's probably a toss up between the two.

Otherwise, contact the consulate.

[Revolution 0]

Now you did it

Thank You!

Edited May 29, 2006 by Revolution

[jula 0]

OK. I found this concerning the issue about the derivated status

http://www.uscis.gov/graphics/lawsregs/han...tat.%20927'

The sections 4 and 5 on page 3 cover this...

I also must mention that at that time I couldn't speak English and didn't know any of the laws I know now. All we did is listen to the officers and if I beleive correctly i was advised to get married before I leave so I can bring her to US. At the time I entered USA I was over 21 and they said I could go because I was under 21 at the time of the filling and the interview...

I would also be very thankfull if someone could help me with my original question

CSPA covers ageing out, or turning 21 while the petition is pending. So, you were OK in that regard.

In the very same memo you mentioned, at the end of section 5, it says:

"For individuals following-to-join refugee parents, the admission code is RE-3.

Currently, there is no time period within which these following-to-join derivatives must arrive in

the United States and derivative classification is lost only if they marry."

I advice you to look into this before you go to naturalization interview. If it turns out to be no big deal, I apologize in advance.

When did you file for your wife? What's her priority date?

[Revolution 0]

They received it at Nov 30 2004 and notice date is Dec 07 2004. The priority field is blank.

About the memo above...The part you mentioned is what confuses me.

[Currently, there is no time period within which these "following-to-join" derivatives must arrive in

the United States and derivative classification is lost only if they marry]

In part IV ( to "accompany" a parent) which I did, doesn't say anything about losing the status if I mary....

[jula 0]

They received it at Nov 30 2004 and notice date is Dec 07 2004. The priority field is blank.

About the memo above...The part you mentioned is what confuses me.

[Currently, there is no time period within which these "following-to-join" derivatives must arrive in

the United States and derivative classification is lost only if they marry]

In part IV ( to "accompany" a parent) which I did, doesn't say anything about losing the status if I mary....

The memo is about CSPA and asserts that even though an alien turned 21, he/she is still considered a child if certain conditions are met.

USCIS defines child as unmarried person under 21 y/o. CSPA takes care of the cases when a person turns 21 during the process. As far as I am aware, there is nothing that says one can marry and still be considered a child.

You were admitted into the US under 207 of the INA (correct?) as a child of principal refugee. At that moment, and according to the USCIS definiton, techincaly you were not "child" any more. That's what I know and that's where I see the problem. But one more time, I don't know everything and there may be something somewhere to cover you.

Some times things like that are overlooked during the process of adjustment of status to permanent resident. For naturalization purposes, USCIS goes more into the details. That's why I recommend you check this out and make sure you are OK.

You filed I-130 at the end of 2004. To be reunited with your spouse any time soon, the naturalization is indeed your best option.

Do you mind if I ask you if you joined the US army? From the dates you provided I don't see how otherwise you would qualify for naturalization at this time. When did you become PR? (I am just curius to learn if you want to share).

Good luck

[Revolution 0]

As you can see in my above post I came to US in may 2001 and after 4 years and 9 months of residency one can apply for citizenship which I did in march 2006.

[jula 0]

As you can see in my above post I came to US in may 2001 and after 4 years and 9 months of residency one can apply for citizenship which I did in march 2006.

My line of thinking was:

- a refugee has to apply for permanent resident status after being physically present in the U.S. for at least one year (can't do before), that would mean May 2002 in your case, and you became Permanent Resident later that year at the earliest (or more likely in 2003/2004).

For naturalization purpose, residency starts the day one is approved for green card. So, I am confused by your timeline....anyway, only you know the details of your case.

[Revolution 0]

As you can see in my above post I came to US in may 2001 and after 4 years and 9 months of residency one can apply for citizenship which I did in march 2006.

My line of thinking was:

- a refugee has to apply for permanent resident status after being physically present in the U.S. for at least one year (can't do before), that would mean May 2002 in your case, and you became Permanent Resident later that year at the earliest (or more likely in 2003/2004).

For naturalization purpose, residency starts the day one is approved for green card. So, I am confused by your timeline....anyway, only you know the details of your case.

Sorry to correct you but the residency starts the day you enter the USA. Total time counts, not just the time after you get your gc.

This is what it says on my GC: resident since 05/03/01. It's not a mistake or a typo because I am not a single case. There are tens of thousands of Bosnians in USA and everyone I know was able to apply after 4 years and 9 months of physical presence in the US.