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Posted

Hello all,

 

I am writing this post for my family's F4 case filled by my mom's brother.

 

My mom has 3 kids. two daughters and one sons.

 

DOB of daughter(Me): 21th June 1990

DOB of elder daughter: 19th July 1993

DOB of younger son : 13th December 1994

 

First I would provide timeline of our file processing and then I will raise my doubts.

 

TIMELINE

 

Petition Filled on: 10th November 2004

Petition Approved: 11th August 2009 (also received the letter saying it will take years for them to process file so do not  give up your jobs or make any travel arrangement as of now etc.)

Welcome Letter Received: 9th May 2017

 

 

I have read the definition of a child as per USCIS which primarily says a kid has to be younger than 21 years and unmarried.

 

By the time we received a welcome letter and we logged in to ceac.state.gov the tool had the name of only two people i.e. of my parents, that's obvious all of three kids are aged out by that time. Then we came to know about CSPA, which can provide protection to unmarried aged out kids by subtracting the processing time taken from biological age. None of us (the children) have married, so we sent a request letter to NVC to include the name of the three kids and they did it, they add the three of us in the process, so we paid the fees and send all the documents needed. A couple of weeks ago the NVC send the letter for the interview for my parents and my name and my siblings. 

 

 

But yesterday someone from the embassy in our country called us saying the Im out of the proccess and that is better that I dont spend the money on the medical exams. My mom told her that we appeal to the NVC before and that they added me knowing the situation of my age, she told her that I could still go to the interview but that Im actually out for my age.

 

We asked our lawyer and he told us that I could go, but we decided If I take the medical exams now or I go like this and I can present the medical exams after the consuls answer.

QUESTIONS

 

 

  1. What are the chances of still getting the residence?
  2. Has someone gone through this situation? can you please share your story to know what to expect or what to do?
  3. Should I get the medical exams before or after the interview?
Filed: FB-4 Visa Country: Macedonia
Timeline
Posted
19 minutes ago, Meliclu said:

Hello all,

 

I am writing this post for my family's F4 case filled by my mom's brother.

 

My mom has 3 kids. two daughters and one sons.

 

DOB of daughter(Me): 21th June 1990

DOB of elder daughter: 19th July 1993

DOB of younger son : 13th December 1994

 

First I would provide timeline of our file processing and then I will raise my doubts.

 

TIMELINE

 

Petition Filled on: 10th November 2004

Petition Approved: 11th August 2009 (also received the letter saying it will take years for them to process file so do not  give up your jobs or make any travel arrangement as of now etc.)

Welcome Letter Received: 9th May 2017

 

 

I have read the definition of a child as per USCIS which primarily says a kid has to be younger than 21 years and unmarried.

 

By the time we received a welcome letter and we logged in to ceac.state.gov the tool had the name of only two people i.e. of my parents, that's obvious all of three kids are aged out by that time. Then we came to know about CSPA, which can provide protection to unmarried aged out kids by subtracting the processing time taken from biological age. None of us (the children) have married, so we sent a request letter to NVC to include the name of the three kids and they did it, they add the three of us in the process, so we paid the fees and send all the documents needed. A couple of weeks ago the NVC send the letter for the interview for my parents and my name and my siblings. 

 

 

But yesterday someone from the embassy in our country called us saying the Im out of the proccess and that is better that I dont spend the money on the medical exams. My mom told her that we appeal to the NVC before and that they added me knowing the situation of my age, she told her that I could still go to the interview but that Im actually out for my age.

 

We asked our lawyer and he told us that I could go, but we decided If I take the medical exams now or I go like this and I can present the medical exams after the consuls answer.

QUESTIONS

 

 

  1. What are the chances of still getting the residence?
  2. Has someone gone through this situation? can you please share your story to know what to expect or what to do?
  3. Should I get the medical exams before or after the interview?

Hello,

 

The embassy is correct, unfortunately it's just not possible for you to get a GC/Visa. You've aged out even with CSPA applied. Look at the attached file. Your two siblings should be ok, they're both under 21 according to CSPA, but you are over 21, hence no way to get a visa with your family. 

 

Your family can apply after they get their GCs, but it will take a really looong time as you might already know.

 

I'm sorry I don't have better news for you :/

 

Regards,

Screen Shot 2018-06-16 at 10.11.48 PM.png

 

USCIS

Priority Date: August 28th, 2004

(August)08/20/2004 I-130 Fedex to Vermont

(September)09/01/2004 NOA1 (Received)

(November)10/16/2009 NOA2 (Approved)

 

NVC

(November)10/19/2009 NVC case number assigned

(May) 05/11/2017 Case opened for further processing

(May) 05/11/2017 DS261 Submitted

(May) 05/21/2017 DS260s Submitted for All three aplicants

(Feb) 02/17/2018 Case Completed

(March) 03/06/2018 Visa Interview Scheduled at US Embassy Skopje

(April) 04/17/2018 Visa Interview -- APPROVED

 

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

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