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Holdanna

My past immigrant Visa application answers conflict with current situation

By Holdanna in Bringing Family Members of Permanent Residents to America

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Holdanna Explorer

Holdanna   8

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hello all: I'm curious if this has happened to anyone. When I immigrated here in 2012, the immigrant Visa and alien registration application which you fill in online from the state department asked 2 questions in the family section : is this child immigrating to the US with you? I answered No. The following question is: is this child immigrating to the US at a later date to join you? I answered no because I didn't think his father would ever let him or if he'd want to. Well, now he wants to. Will this cause a problem? Circumstances have changed and how could I have predicted he would want to move here? Please let me know if you've experienced this? Thanks

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Shouldn't be an issue....your answers were accurate at the time of filing the form. He can file an I-130 for his stepchild now just fine.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
46 minutes ago, Holdanna said:

There is no step children involved. I'm an lpr filing for my son.

I meant for your spouse (the USC I'm assuming) to file for his stepchild. Or is it his biological child? Either way, he can file for the child.

 

Yes, you can file on your own as an LPR, but it will take longer to process. For your USC spouse to file, it would take ~10-12+ months as an IR-2. For you, it would take 24+ months from filing to visa in hand as an F2A.

 

This is assuming your son is an unmarried minor. If he is an unmarried adult (21+), then it would take ~7+ years for either of you. If he is married at all, then it would take ~20 years for the USC spouse (you cannot petition for a married child as an LPR).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
6 minutes ago, Holdanna said:

I'm not married. My son is 15.

As, sorry. Your profile shows an IR-1/CR-1 visa, which is only for the spouse of a USC, so I assumed that was the case here and that you were still married.

 

You can file an I-130 petition for your minor son. As long as he does not get married, expect about 2 years from filing to visa. Your previous answer on the DS-260 won't be an issue as it was true at the time of filing.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
8 minutes ago, Holdanna said:

I am eligible to apply for naturalization in December but I'll start his i130 now and then upgrade the petition once I'm a citizen 

Sounds good. Good luck.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Amy_and_Victor Collaborator

Amy_and_Victor   159

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

I don't think it's going to be an issue. You didn't lie and didn't misrepresent anything back in time. Everyone including USCIS employees understands that circumstances may change over time, so as long as you clarify to USCIS that your situation is different from the time when you filled the application I'm sure you're not going to face any troubles.

 

- Victor from Russia

Our timlines K1 visa - Citizenship (06.28.2011 - 08.01.2016)

K1 Visa Timeline (06.28.2011 - 04.07.2012)

  • 06-28-2011: I-129F sent to Dallas
  • 07-05-2011: NOA1 (CSC)
  • 01-05-2012: NOA2 (184 days since NOA1)
  • 01-13-2012: NVC passed
  • 01-19-2012: Embassy received our case
  • 02-14-2012: Interview PASSED! :D K-1 Visa Approved! :D
  • 03-08-2012: POE
  • 04-07-2012: Wedding!

AOS/EAD Timeline (04.26.2012 - 12.13.2012)

  • 04-26-2012: I-485 and I-765 sent to Chicago Lockbox
  • 05-02-2012: NOA1 (both I-485 and I-765)
  • 05-23-2012: Biometrics taken
  • 07-02-2012: Employment Authorization Issued (07-09-2012 - received in the mail)
  • 12-03-2012: Made Service Request for I-485, because case is beyond processing time
  • 12-07-2012: I-485 APPROVED! 219 days since NOA1. No interview/RFE
  • 12-13-2012: GreenCard in the mailbox, done with AOS!

Lifting of conditions Timeline (09.04.2014 - 01.14.2015)

  • 09-04-2014: I-751 sent to CSC
  • 09-08-2014: NOA1
  • 11-10-2014: Biometrics taken
  • 01-07-2015: Approved! Only 122 days since NOA1. No interview/RFE
  • 01-14-2015: GreenCard in the mailbox

Citizenship Timeline (09.03.2015 - 01.08.2016)

- 09-03-2015: N-400 sent to Phoenix

- 09-10-2015: NOA1

- 10-08-2015: Biometrics taken

- 10-28-2015: Case is in line for an interview

- 11-02-2015: Letter with Naturalization Interview Appointment

- 12-07-2015: Interview passed

- 01-08-2016: Naturalization Oath Ceremony, I'm a US citizen now!

tTM3p3.png

aleful Veteran

aleful   1,905

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

that's incorrect, the question was asked in reference to the petition you had at the time

 

if you child would follow to join at a later date in 2012. it has nothing to do being petitioned at a later date,

 

is he coming with you? no, will he be coming at a later date in case he was eligible for a visa at the time you got your visa

 

so you answered correctly at that time, he wasn't coming in 2012

 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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