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Otash

I-130 US citizen's brother or sister's derivative beneficiary aging out and gets married

By Otash in Bringing Family Members of US Citizens to America

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Otash Newbie

Otash   0

Posted
Filed: Citizen (apr) Country: Uzbekistan
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I am a US citizen. I am planning to file I-130 for my sister. She has a husband and three kids. The older son is 20 and is going to marry in 2-3 years from now. My Question: Considering upto 13 years of wait time for visa number becoming available, can her son get married? He will definitely be over 21 by the time the visa number becomes available, however he still will be in OK as "Aging out child" thanks to Child Status Protection Act (CSPA) 2002. However, will it work for him if he gets married before visa number is enables him to immigrate in 13 years? Any thoughts/links to USCIS docs? Thanks.

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

CPSA will not protect the son as it will be real age minus ( time of NOA2 - time of Noa1 ) and it is highly unlikely that the petition will sit unapproved for 13 years. if he is unmarried his mother can petition for him as the umarried adult child of an LPR and he must remain unmarried until he gets a visa ( about 8 additional years currently ) or until his mother becomes an citizen herself ( 5 additional years ) If he is married his mother can't petition until she is a USC herself.

This will not be over quickly. You will not enjoy this.

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

I am a US citizen. I am planning to file I-130 for my sister. She has a husband and three kids. The older son is 20 and is going to marry in 2-3 years from now. My Question: Considering upto 13 years of wait time for visa number becoming available, can her son get married? He will definitely be over 21 by the time the visa number becomes available, however he still will be in OK as "Aging out child" thanks to Child Status Protection Act (CSPA) 2002. However, will it work for him if he gets married before visa number is enables him to immigrate in 13 years? Any thoughts/links to USCIS docs? Thanks.

Hi,

You got it all wrong.

Marriage disqualifies him as a derivative beneficiary. Doesn't matter when he gets marry.

CSPA does not freeze his age when the I-130 is filed. Given his age and how long it will take for his parent's PD to become current, he will age out.

There is zero chances that he will immigrate with his parent.

Sorry.

TBoneTX Grand Master

TBoneTX   46,171

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread moved from Introducing Our Members forum to "Bringing Family Members of U.S. Citizens to America" forum, on the basis of topical matter.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Boiler Grand Master

Boiler   46,144

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

My guess is he would be nearer 40 and have children of his own by then.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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