Filipino U.S. Immigrant Concern

[Milk Tea 0]

Hello, I'm applying U.S. immigrant visa from the philippines I'm going to be petitioned by my step Father since my real Parents are divorced. The status for my visa process as of now is to begin national visa center processing.

*My concern is that I'm already 20 and I'm going to turn 21 by next month...will my age freeze upon the process? I mean I'm afraid that I might age out through the process and not get my visa...

*How long does it take to receive the confirmation letter after the processing fees and establish financial support has been done?

*Once the confirmation letter is recieved...How long would it take to recieve the letter from the u.s. embassy/nvc for an interview?

[canadian_wife 1,829]

How old were you when your mother married your step-father?

good luck

[Milk Tea 0]

I was 19 when my Mom married my step Father

[apple21 953]

Hmmm, step-father can only apply for you if their marriage happened BEFORE your 18th birthday.

Can you confirm your visa category on your i797c or i797 Notice of Action forms?

[Ian H. 207]

How did your petition get approved if they were married after you turned 18? For a stepparent to petition you, the marriage had to have occurred before turning 18. Maybe your mother petitioned you? Assuming the petition is valid, you should contact the NVC and try to get your case expedited due to your "aging out." Also depending on when you were petitioned, you may fall under the Child Status Protection Act, but you would have to contact the NVC for that.

[apple21 953]

Is your mother a US citizen as well as your step-father?

[Boiler 46,144]

I'm going to be petitioned by my step Father

Obviously not, you would be petitioned by your Mother.

[Milk Tea 0]

Hmmm, step-father can only apply for you if their marriage happened BEFORE your 18th birthday.

Can you confirm your visa category on your i797c or i797 Notice of Action forms?

where could i see the form that you are saying?

My Petition is approved..

I just recently recieved my nvc case number, invoice I.D. number and Immigrant Visa Application Processing Fee Bill Invoice. What does that mean?

Edited July 23, 2014 by Milk Tea

[apple21 953]

Check these forms i797c or i797 Notice of Action

or check the NVC email that you received containing your case number, the visa category/preference is mentioned there.

[aaron2020 11,651]

Hi,

In order for a stepparent to petition, the marriage must have occurred before the child's 18th birthday.

Your I-130 should not have been approved.

You are responsible for knowing if you qualified or not.

Even though USCIS made the mistake, your case will be denied when the US Embassy sees that the I-130 should not have been approved. All fees will be lost since its your responsibility to know if you qua

Ify or not.

This is not going to be pretty.

Have your mom file a new I-130 for you.

[aleful 1,905]

ditto

if you check the immigration website www.uscis.gov and read what are the qualifications for a stepparent to file for a stepchild, as other have said, the marriage should have take place before your 18th birthday

if uscis failed to discover the error, you will be denied at your interview.

[apple21 953]

Milk Tea: Have you checked yet?

[Ian H. 207]

I just did the math and I think the OP may be confused as to who petitioned him. He says his mother married when he was 19 and he is 20 going to be 21 in one month. Assuming that his parents got married closer to him being 20, that still makes the petition at least a year old. If he were petitioned as the stepchild of a USC, I doubt the case would have taken this long. I could be wrong though. My guess is that he was petitioned by his mother as the minor child of an LPR because he wasn't able to come as the beneficiary of a CR1/IR1. That makes much more sense because the visa bulletin for minor children of LPR's was actually current up until recently. I don't think USCIS would make such a huge mistake because the FIRST thing they would look at is if the marriage occurred before his 18th birthday, before they would even take into consideration all the other evidence.

[aaron2020 11,651]

I just did the math and I think the OP may be confused as to who petitioned him. He says his mother married when he was 19 and he is 20 going to be 21 in one month. Assuming that his parents got married closer to him being 20, that still makes the petition at least a year old. If he were petitioned as the stepchild of a USC, I doubt the case would have taken this long. I could be wrong though. My guess is that he was petitioned by his mother as the minor child of an LPR because he wasn't able to come as the beneficiary of a CR1/IR1. That makes much more sense because the visa bulletin for minor children of LPR's was actually current up until recently. I don't think USCIS would make such a huge mistake because the FIRST thing they would look at is if the marriage occurred before his 18th birthday, before they would even take into consideration all the other evidence.

You think this and you think that.

Based on zero facts, you think OP doesn't know his petitioner and no way would USCIS make a mistake and erroneously approve an I-130.

You think too much. Give advice based on the facts and not how you think things are it should be.

[NigeriaorBust 4,087]

It sounds like the mother petitioned and the step father is the sponsor. Can you verify this Milk Tea ? It makes a huge difference in what will happen next.