F2A - What is the most efficient steps to speed up during the NVC process?

[Fsearch 3]

Hello everyone:

Case Type: F2A (My mom sponsors my younger brother in Vietnam)

Current Age = 19 Years 7 Months

Priority Date = Jan 20, 2016

Months Left Til 21 Years Old = 17 Months

Priority Date Will Be Current On = Nov 2017

Age When Priority Date Become Current = 20 Years 7 Months

So Basically, it will be 5 months left before my brother turns 21 when Priority Date become current (Nov 2017). I worry the timing is too tight when we start to process the NVC steps.

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Anyone with experience or insight how to efficiently speed up the process by being proactive on our end. Below is a list of questions that need your help:

1. We have the case # but not the invoice # yet. When should I contact NVC to obtain the invoice #?

2. Before the Priority Date become current, can I fill out the "DS-261 Choose An Agent" Form online?

3. Should my brother prepares all the Civil Documents 6 months before the Priority Date become current (likely Nov 2017) or the Civil Documents have to dated after the Priority Date become current?

4. Since my mom is the only one sponsors my brother. Should my mom files tax (2016) as "married separately filing" to simplify the AOS package later (without my dad's info on the I-864) or she has to file the tax as "married joint filing" and my dad info. must be on the AOS package too?

5. Basically, what steps can be taken on our end before the Priority Date become current (likely Nov 2017) based on the step listed on the following website:

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/approved.html

Greatly appreciated your help!

[aaron2020 11,651]

Hi,

There is no way to speed up the process.

Google "CSPA." This is what MAY help your brother from aging out. Once your brother's PD becomes current, his CSPA age is locked in for immigration purposes.

Has USCIS approved the I-130?

1. The NVC will contact the petitioner. If you want to call, you can.

2. Yes.

3. Yes because the DS-260 and supporting documents will need to be submitted months before the PD becomes current.

4. There is no good reason for your mother to file separately and pay more in taxes. If she files married, then she only report her income on the I-864. Filing status for taxes has nothing to do with immigration.

5. Be patience. Review the DS-260 and the link that you posted. Your brother's PD is not current for filing paperwork. It should be in a few months.

Research CSPA.

Best of luck.

[Fsearch 3]

Thanks for quickly answer my post!

1. The petition has been approved.

2. Before PD become current, we can choose an agent, pay AOS fee first, then collect all civil documents and fill out AOS (I-864) package and send them in together, right? This can all be done before Priority Date become current?

3. Regarding the CSPA age locked, as long as he is younger than 21 when the Priority Date is current, he is fine, right?

4. IV (Form DS-260), is this the step can't be processed until after Priority Date become current, correct?

5. My mom and dad don't make much money so we will not worry she has to pay more tax to file separately. My sister will have to fill out the I-864A together with my mom for the AOS package. Just want to simplify the process without having to put my dad info in the paperwork.

TIA!

[aaron2020 11,651]

1. Google "CSPA calculator" and you can figure out when your brother's PD must be current for his CSPA age to be under 21.

2. Yes. The NVC will send a fee letter to your mom. A few days after she pays, the I-864 and DS-260 can be submitted. This will happen way before the PD is anticipated to become current.

3. Yes. Once his PD is current, his CSPA age is locked in as long as he files the DS-260 within a year or before any retrogression. (You may want to look into retrogression because you are only predicting that his PD will be current Nov. 2017, but that may not happen if there is retrogression.)

4. No. It's done after the fee is paid and generally done months before the PD becomes current.

5. You are not simplifying the process. Plenty of parents have petitioned for their kids and file taxes jointly. You would be the outlier. You are making it more complicated than it needs to be. Why is your sister filing the I-864A? Normally, your sister would file her own I-864 as the Joint Sponsor.

[Fsearch 3]

Thanks again for the quick reply!

1. On # 3 above, if unfortunately, retrogression does happens, if the PD becomes current after he turned 21 years old, meaning the case will automatically become F2B?

2. On #5 above, I accidentally typed "I-864A" instead of "I-864" (yes my sister will file the AOS as Joint Sponsor because my mom's income won't be enough and she just barely moved here this year.) Also, when I was filling out the I-864 Form when we sponsor our parents. We got 2 checklist regarding the # on the income tax. We just worry it will complicate thing out like last time. So it is ok to let my mom files tax on her own and only use her tax # to fill out the I-864?

TIA!!!

[aaron2020 11,651]

1. This is complicated. If his PD becomes current before his CSPA age of 21, he has one year or until retrogression to file the DS-260 to lock in his CSPA age. Once his PD becomes current again, he continues the process in the F2a category. If retrogression hits and the DS-260 has not been filed, then his CSPA age is not locked in. Once his PD becomes current again, his CSPA age would be recalculated based on when the PD became current again.

2. YOU ARE COMPLICATING THINGS. Your MARRIED mom will probably get a RFE for your dad to file an I-864a. YOU ARE GOING TO MAKE THINGS DIFFICULT BY DOING THINGS DIFFERENTLY FROM EVERYONE ELSE. ACCEPT THAT YOUR MOTHER WILL FILE AN I-864 AND YOUR FATHER WILL NEED TO FILE AN I-864A EVEN WITH A JOINT SPONSOR.

[Fsearch 3]

Thanks for the reply. Pretty much everything is clearly answered. Only 1 last question:

#2 above regarding the AOS for my mom, that is exactly info i am trying to figure out. So basically, my dad has to file the I-864A as a joint sponsor and my mom has to file the I-864. Since both parents' income won't be enough, my sister will aslo has to file the I-864 since she isn't married yet. Right?

Thank You!

[aaron2020 11,651]

No.

Mom = petitioner/principal sponsor w/ I-864.

Dad = mom's household member w/ I-864a.

Sister = joint sponsor w/ her own I-864. Her marital status has nothing to do with anything. There can only be 1 Joint Sponsor.

Edited November 13, 2016 by aaron2020

[Fsearch 3]

THANK YOU SO MUCH! I won't worry about the retrogression much but the checklist from NVC. Nightmares. Thanks!

[Fsearch 3]

Thank You for your time to answer these questions I have! I pretty much know how to proceed safely now. Thanks!!!

Edited November 13, 2016 by Fsearch

[aaron2020 11,651]

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