All f4s Part 4

[shem2004 1]

I think 1-2 weeks prediction.

[TonyCH 13]

Guys,

 

First of all thank you all for your helpful comments and for taking the time to help! 

 

I have some valuable information, so I want to share for everyone to know. 

 

First of all, here are my calculations:

 

DOB: May 11, 1993 (yes today is my birthday, i turn 24!)

Priority Date: Aug 28th, 2004

USCIS Approved Case on: Oct 13, 2009

Years to be subtracted: 5 years, 1 month, 15 days

 

After the helpful comments of  member ILUVINDIA - I called NVC to get some more information. I happened to talk to one of the nicest ladies i've ever spoken to at NVC, i had a nearly 40 minute conversation and she was amazing at explaining everything. 

 

I was told that our case is currently on hold and is pending CSPA review when the case becomes current. She was very sympathetic to the fact that we've been waiting 13 years, and wanted to do everything to help me. She went and consulted a manager, and came back to me with this info. She told me all I have to do for now, is fill out the DS-261 and have the petitioner (my uncle) call confirm the Choice of Agent and that's it for now. She instructed me to not pay any fees, or fill out any DS-260 for my parents, until my CSPA review. She instructed me to nvc.state.gov, she asked me to review everything, and prepare all documents but to not submit anything online or send anything via mail. She said this is what her manager said is the best thing to do for CSPA cases. She confirmed to me that the CSPA calculations i've done are correct, unfortunately they can't run the formula until Priority Date is current, as that date is needed in the formula for calculation. She said that everything will happen on it's own as she could see the case was on hold for CSPA calculation. In case it didn't happen, she said your uncle or you (if he appoints you as a 3rd party agent) can write to request a CSPA review with detailed info on how we've calculated CSPA, but she said she is 99% sure it wont be necessary as she could see the case was in hold for CSPA review. 

 

Last resort, in case everything goes wrong, would be for me at the time that interview date is set, to email the embassy and request that i attend the interview with my parents, in which case the Consul would make the decision if I can immigrate or not. 

 

The lady on the phone, was really helpful and she really did all the research while with me on the phone. I wanted to share this info so everyone can be informed. And yes, try calling NVC for your case, until you get someone on the phone who cares and wants to help you!

 

 

Please let me know if you have any questions. 

 

 

THANKS!

[ILUVINDIA 6]

1 hour ago, meritoncutra said:

Guys,

 

First of all thank you all for your helpful comments and for taking the time to help! 

 

I have some valuable information, so I want to share for everyone to know. 

 

First of all, here are my calculations:

 

DOB: May 11, 1993 (yes today is my birthday, i turn 24!)

Priority Date: Aug 28th, 2004

USCIS Approved Case on: Oct 13, 2009

Years to be subtracted: 5 years, 1 month, 15 days

 

After the helpful comments of  member ILUVINDIA - I called NVC to get some more information. I happened to talk to one of the nicest ladies i've ever spoken to at NVC, i had a nearly 40 minute conversation and she was amazing at explaining everything. 

 

I was told that our case is currently on hold and is pending CSPA review when the case becomes current. She was very sympathetic to the fact that we've been waiting 13 years, and wanted to do everything to help me. She went and consulted a manager, and came back to me with this info. She told me all I have to do for now, is fill out the DS-261 and have the petitioner (my uncle) call confirm the Choice of Agent and that's it for now. She instructed me to not pay any fees, or fill out any DS-260 for my parents, until my CSPA review. She instructed me to nvc.state.gov, she asked me to review everything, and prepare all documents but to not submit anything online or send anything via mail. She said this is what her manager said is the best thing to do for CSPA cases. She confirmed to me that the CSPA calculations i've done are correct, unfortunately they can't run the formula until Priority Date is current, as that date is needed in the formula for calculation. She said that everything will happen on it's own as she could see the case was on hold for CSPA calculation. In case it didn't happen, she said your uncle or you (if he appoints you as a 3rd party agent) can write to request a CSPA review with detailed info on how we've calculated CSPA, but she said she is 99% sure it wont be necessary as she could see the case was in hold for CSPA review. 

 

Last resort, in case everything goes wrong, would be for me at the time that interview date is set, to email the embassy and request that i attend the interview with my parents, in which case the Consul would make the decision if I can immigrate or not. 

 

The lady on the phone, was really helpful and she really did all the research while with me on the phone. I wanted to share this info so everyone can be informed. And yes, try calling NVC for your case, until you get someone on the phone who cares and wants to help you!

 

 

Please let me know if you have any questions. 

 

 

THANKS!

I am glad you were able to talk to someone nice who actually took her time to explain everything to you. And thanks fir sharing all the details. 

 

By the way did you already get your welcome letter?  

[alsayedalsayed 10]

i want to ask a bad question :

if our case is completed and at the Interview waiting list .. and the petitioner died or the applicant also died ,, does it mean that our case is closed ?

[ILUVINDIA 6]

13 minutes ago, alsayedalsayed said:

i want to ask a bad question :

if our case is completed and at the Interview waiting list .. and the petitioner died or the applicant also died ,, does it mean that our case is closed ?

It used to that way but that has been changed lately as long as the case is approved you can still get visa. If the petitioner dies you have to have someone in USA to take financial responsibility of you (affidavit off support) . I believe same thing with if the main Applicant dies the derivative beneficiary can still get visa. I am sure there got to be more involves in this kind of case. 

[Jojo92122 1,924]

1 hour ago, alsayedalsayed said:

i want to ask a bad question :

if our case is completed and at the Interview waiting list .. and the petitioner died or the applicant also died ,, does it mean that our case is closed ?

https://santodomingo.usembassy.gov/iv-faq-answers.html

 

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).

If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the consular officer will contact the applicant(s) soon thereafter.

Please see 9 FAM 42.42 PN2 (PDF, 23 Kb) for more information on humanitarian reinstatement.

 

What happens if the petitioner dies after the principal beneficiary has immigrated to the United States?

Eligibility of derivative applicants seeking to follow to join a principal beneficiary who has already acquired legal permanent resident status is dependent on the continuing legal permanent resident status of the principal, not on the status of the petitioner. Therefore, if the petitioner dies after the principal applicant has already become a legal permanent resident and one or more derivative applicants seek to follow to join the principal applicant, the derivatives retain eligibility to follow to join despite the death of the petitioner. Please see 8 CFR 213a.2(f) for information concerning the Form I-864 (Affidavit of Support Under Section 213A of the Act)requirement in such circumstances.

 

What happens to the derivative beneficiary's case if the principal beneficiary dies?

If the principal beneficiary dies at any time before the derivative beneficiary immigrates to the United States, the consular officer will not be able to issue a visa to the derivative beneficiary.  Humanitarian reinstatement does not apply in such a case, though humanitarian parole may be an option.  Please see 9 FAM 42.1 N4 (PDF, 149 Kb) for more information on humanitarian parole.

[JunaidMalik01 2]

I would like to share with you all that although I haven't received WL but my case is open at CEAC website for further processing. As of now, I can fill DS-261 form and pay AOS fees whereas fee for IV PROCESSING is still greyed out. Any idea when it becomes payable?

Oh and my PD is July 23, 2004

[ILUVINDIA 6]

14 minutes ago, Jojo92122 said:

https://santodomingo.usembassy.gov/iv-faq-answers.html

 

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?

If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked pursuant to 8 CFR 205.1(a)(3). This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).

If there are compelling humanitarian circumstances, the consular officer may recommend that DHS reinstate the petition. Alternatively, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons. If DHS reinstates the petition, the consular officer will contact the applicant(s) soon thereafter.

Please see 9 FAM 42.42 PN2 (PDF, 23 Kb) for more information on humanitarian reinstatement.

 

What happens if the petitioner dies after the principal beneficiary has immigrated to the United States?

Eligibility of derivative applicants seeking to follow to join a principal beneficiary who has already acquired legal permanent resident status is dependent on the continuing legal permanent resident status of the principal, not on the status of the petitioner. Therefore, if the petitioner dies after the principal applicant has already become a legal permanent resident and one or more derivative applicants seek to follow to join the principal applicant, the derivatives retain eligibility to follow to join despite the death of the petitioner. Please see 8 CFR 213a.2(f) for information concerning the Form I-864 (Affidavit of Support Under Section 213A of the Act)requirement in such circumstances.

 

What happens to the derivative beneficiary's case if the principal beneficiary dies?

If the principal beneficiary dies at any time before the derivative beneficiary immigrates to the United States, the consular officer will not be able to issue a visa to the derivative beneficiary.  Humanitarian reinstatement does not apply in such a case, though humanitarian parole may be an option.  Please see 9 FAM 42.1 N4 (PDF, 149 Kb) for more information on humanitarian parole.

Here is another one from USCI website

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter8.html

 

 

[ILUVINDIA 6]

11 minutes ago, JunaidMalik01 said:

I would like to share with you all that although I haven't received WL but my case is open at CEAC website for further processing. As of now, I can fill DS-261 form and pay AOS fees whereas fee for IV PROCESSING is still greyed out. Any idea when it becomes payable?

Oh and my PD is July 23, 2004

Really?  I wonder how nvc process things? F3's 2nd chart is showing Dec 2005 and my family pd is nov 2005 but they still haven't received a welcome letter yet. Best of luck to you!!!

[pink_niru 41]

7 hours ago, alsayedalsayed said:

i want to ask a bad question :

if our case is completed and at the Interview waiting list .. and the petitioner died or the applicant also died ,, does it mean that our case is closed ?

Yes...if principle applicant and/or petitioner died then case closed & I am 100% sure about it...

 

I assume you are out of USA

Edited May 12, 2017 by pink_niru

[pink_niru 41]

5 hours ago, JunaidMalik01 said:

I would like to share with you all that although I haven't received WL but my case is open at CEAC website for further processing. As of now, I can fill DS-261 form and pay AOS fees whereas fee for IV PROCESSING is still greyed out. Any idea when it becomes payable?

Oh and my PD is July 23, 2004

You can fill the forms ...no issues.. IV fees will open after NVC reviews the DS 261

[TonyCH 13]

Welcome Letter Received Today -- PD Aug 28th, 2004 -- F4

[ILUVINDIA 6]

10 hours ago, pink_niru said:

Yes...if principle applicant and/or petitioner died then case closed & I am 100% sure about it...

 

I assume you are out of USA

I know someone who got their visa two years after the petitioner died. He was unmarried over 21 son of green card holder. 

[pink_niru 41]

1 hour ago, ILUVINDIA said:

I know someone who got their visa two years after the petitioner died. He was unmarried over 21 son of green card holder. 

Which visa he/she got that is imp & what was his full case that is also important. It will be great , if you can share his full story and how he got visa & which visa ....... My cousin is trying since 3 years now for F4 visa & consulate / NVC / USICS all has answered back that petition is revoked ... I am involved in each and every communication by him. They even denied humanity parole which is actually a temp visa. 

[ILUVINDIA 6]

51 minutes ago, pink_niru said:

Which visa he/she got that is imp & what was his full case that is also important. It will be great , if you can share his full story and how he got visa & which visa ....... My cousin is trying since 3 years now for F4 visa & consulate / NVC / USICS all has answered back that petition is revoked ... I am involved in each and every communication by him. They even denied humanity parole which is actually a temp visa. 

I don't his whole story but I know for fact his case was approved but the PD wasn't current  the time  his dad passed away. I would say he was under f2. You may wanna talk to immigration lawyer. I am not really close to that person to get their personal story.  Sorry.