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Posted

I just filed I-130's for my 3 stepchildren in the Philippines. Two are under 18 but one is 20 and she was 17 when I married her mother. I'm worried about my oldest daughter ageing out because her 21st birthday is at the end of Nov 2013. I've been researching this and I'm wondering what are the chances I filed too late to get her here on a IR1?

Thanx

K-1 JOURNEY
3-18-10 Mailed I-129F to CSC
3-22-10 NAO1
5-12-10 NOA2 Sent to NVC
6-11.10 Called USEM and scheduled interview appointment
7-08-09 Physical at St Lukes-Passed
7-29-10 Interview in Manila-RFE
8-16-10 Submitted requested documents
8-20-10 VISA Approved
8-24-10 VISA delivered by Air21
9-24-10 POE Guam
9-27-10 Married

AOS JOURNEY
11-15-10 Mailed AOS application to Chicago LockBox
11-17-10 Received by USCIS
11-23-10 NOA1 issued for AOS,EAD & AP
11-30-10 NOA1 hard copies received
12-18-10 Biometrics Appt. letter received
01-06-11 Biometrics in Denver, CO
01-27-11 EAD and AP approved
01-29-11 Received AP papers
02-03-11 Received EAD card
03-29-11 AOS Approved
04-07-11 Received Green Card

ROC JOURNEY
01-16-13 Mailed I-751 petition to CSC
01-23-13 Package signed for at CSC
01-23-13 NOA1
01-25-13 Check cashed
02-26-13 Biometrics

06-12-13 Approved with no RFE or interview

06-22-13 Received Green Card

Posted

The Child Status Protection Act is your saviour here.

Since it is an immediate relative petition, and you are filing as her US citizen (step)parent, their age will "freeze" on the day that the I-130 is accepted for processing by USCIS.

Even if they turn 21 before the process is completed, CSPA will protect their "child" status and let them proceed as an immediate relative.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

The Child Status Protection Act is your saviour here.

Since it is an immediate relative petition, and you are filing as her US citizen (step)parent, their age will "freeze" on the day that the I-130 is accepted for processing by USCIS.

Even if they turn 21 before the process is completed, CSPA will protect their "child" status and let them proceed as an immediate relative.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

Thank you Hypnos.

K-1 JOURNEY
3-18-10 Mailed I-129F to CSC
3-22-10 NAO1
5-12-10 NOA2 Sent to NVC
6-11.10 Called USEM and scheduled interview appointment
7-08-09 Physical at St Lukes-Passed
7-29-10 Interview in Manila-RFE
8-16-10 Submitted requested documents
8-20-10 VISA Approved
8-24-10 VISA delivered by Air21
9-24-10 POE Guam
9-27-10 Married

AOS JOURNEY
11-15-10 Mailed AOS application to Chicago LockBox
11-17-10 Received by USCIS
11-23-10 NOA1 issued for AOS,EAD & AP
11-30-10 NOA1 hard copies received
12-18-10 Biometrics Appt. letter received
01-06-11 Biometrics in Denver, CO
01-27-11 EAD and AP approved
01-29-11 Received AP papers
02-03-11 Received EAD card
03-29-11 AOS Approved
04-07-11 Received Green Card

ROC JOURNEY
01-16-13 Mailed I-751 petition to CSC
01-23-13 Package signed for at CSC
01-23-13 NOA1
01-25-13 Check cashed
02-26-13 Biometrics

06-12-13 Approved with no RFE or interview

06-22-13 Received Green Card

 
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