F3 visa, kid got denied overage

[Pinkee16 0]

@SusieQQQ even if he paid his visa way back in 2010? His name was included in everything, in medical and visa interview, but when we were at the interview the consul denied him

[SusieQQQ 11,586]

4 minutes ago, Pinkee16 said:

@SusieQQQ even if he paid his visa way back in 2010? His name was included in everything, in medical and visa interview, but when we were at the interview the consul denied him

Yes, this has been explained to you that unfortunately just paying the fee does not guarantee anything. It is a fact of law - under 21 is eligible, 21 and over is not. 

He was correctly denied and cannot be granted a visa.

 

once you move over and get  a green card you can sponsor him under F2A, unfortunately it will be another long wait.

Edited July 26, 2019 by SusieQQQ

[aaron2020 11,651]

35 minutes ago, SusieQQQ said:

Actually, they may very well have been asked to send docs. In late 2010, Philippines cases were current for March 1995, not long before OP’s PD. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2011/visa-bulletin-for-october-2010.html They then regressed to 1992 in Dec 2010 and into 2011.

 

 

The category retrogressed.  

Their PD was never current back in 2011.  Retrogression in 2011 only affected those in the F3 category from the PI with PD before March 1, 1995.  OP's PD is June 9, 1995, so retrogression never affected him/her since that PD was not current.  (This is being technical and precise.)

 

They were asked to submit documents in ANTICIPATION that their PD would soon be current, but that didn't happen.

 

This is irrelevant to the CSPA calculation since their PD first became current on November 1, 2018.

Edited July 26, 2019 by aaron2020

[aaron2020 11,651]

22 minutes ago, Pinkee16 said:

@SusieQQQ even if he paid his visa way back in 2010? His name was included in everything, in medical and visa interview, but when we were at the interview the consul denied him

Paying to process the visa application does not guarantee a visa.  You are not paying for a visa.  You are paying for processing the visa application.

The US Embassy properly applied CSPA to your child.  He aged out.  

[SusieQQQ 11,586]

11 minutes ago, aaron2020 said:

The category retrogressed.  

Their PD was never current back in 2011.  Retrogression in 2011 only affected those in the F3 category from the PI with PD before March 1, 1995.  OP's PD is June 9, 1995, so retrogression never affected him/her since that PD was not current.  (This is being technical and precise.)

 

They were asked to submit documents in ANTICIPATION that their PD would soon be current, but that didn't happen.

 

This is irrelevant to the CSPA calculation since their PD first became current on November 1, 2018.

Agree (that’s what I said, in different words) - just put it out there to understand what had actually happened.

[Weebee 57]

2 hours ago, SusieQQQ said:

Yes, this has been explained to you that unfortunately just paying the fee does not guarantee anything. It is a fact of law - under 21 is eligible, 21 and over is not. 

He was correctly denied and cannot be granted a visa.

 

once you move over and get  a green card you can sponsor him under F2A, unfortunately it will be another long wait.

Under F2B. ❤️

 

He must stay single during the whole 11 year wait for the Philippines. He will be 35 by that time, unable to marry but probably have a partner that he'll need to petition. It's half a lifetime of waiting to begin your life. Is this all worth it?

[aaron2020 11,651]

5 minutes ago, Weebee said:

Under F2B. ❤️

 

He must stay single during the whole 11 year wait for the Philippines. He will be 35 by that time, unable to marry but probably have a partner that he'll need to petition. It's half a lifetime of waiting to begin your life. Is this all worth it?

Yes, for lots of people, it is worth it.  

[SusieQQQ 11,586]

1 hour ago, Weebee said:

Under F2B. ❤️

 

He must stay single during the whole 11 year wait for the Philippines. He will be 35 by that time, unable to marry but probably have a partner that he'll need to petition. It's half a lifetime of waiting to begin your life. Is this all worth it?

Of course, thanks for correction!

 

seen so many cases of people who just don’t marry until they have their green card even if they have been living together and having kids for years. They get their green card then come back and marry. 

Edited July 26, 2019 by SusieQQQ

[JFH 12,190]

5 hours ago, Weebee said:

Under F2B. ❤️

 

He must stay single during the whole 11 year wait for the Philippines. He will be 35 by that time, unable to marry but probably have a partner that he'll need to petition. It's half a lifetime of waiting to begin your life. Is this all worth it?

And the whole "unable to marry" thing is just ridiculous. What actually happens is that they live together, even have children together, to all intents and purposes married except for the legal paperwork, just to get the visa. Before the I-551 stamp is dry in the passport at POE they go back, get married and file for spouse and children anyway. There should be a waiting period. LPRs who gained residency by way of marriage have to wait 5 years before bringing in a different spouse. I don't see why LPRs who gained residency by way of singlehood should not be made to wait 5 years also. 

[aaron2020 11,651]

8 minutes ago, JFH said:

And the whole "unable to marry" thing is just ridiculous. What actually happens is that they live together, even have children together, to all intents and purposes married except for the legal paperwork, just to get the visa. Before the I-551 stamp is dry in the passport at POE they go back, get married and file for spouse and children anyway. There should be a waiting period. LPRs who gained residency by way of marriage have to wait 5 years before bringing in a different spouse. I don't see why LPRs who gained residency by way of singlehood should not be made to wait 5 years also. 

Go petition Congress to change the immigration laws.

I'm fine with this.  

[HRQX 4,145]

2 hours ago, JFH said:

Before the I-551 stamp is dry in the passport at POE they go back, get married and file for spouse and children anyway.

Why would they file for the children later? F2B includes the unmarried sons and daughters of US citizens over age 21, and their dependents (i.e. minor children).

Edited July 27, 2019 by HRQX

[Boiler 45,553]

Begs the question how any CIR would change things and how future timelines will pan out.

[Ontarkie 14,234]

~~Hijack post removed along with related replies. Please start a thread of your own if you have questions for your own case.~~

[apple21 953]

12 hours ago, Weebee said:

Under F2B. ❤️

 

He must stay single during the whole 11 year wait for the Philippines. He will be 35 by that time, unable to marry but probably have a partner that he'll need to petition. It's half a lifetime of waiting to begin your life. Is this all worth it?

To begin a new chapter of life. 

My hubby was under f2b too. He over aged as well. It was a bummer at first but if he qualified he wouldn't have met me. After having 3 kids he was able to immigrate with them. Now we're all here. Stuff happen for a reason, it's up to the person if they will let that stop them from "living".

[SB5130 88]

13 hours ago, Weebee said:

Under F2B. ❤️

 

He must stay single during the whole 11 year wait for the Philippines. He will be 35 by that time, unable to marry but probably have a partner that he'll need to petition. It's half a lifetime of waiting to begin your life. Is this all worth it?

Lol. This is marriage in Philippines, the only country in the world without divorce. Considering it's a one time shot, it's not surprising that filipinos living in Philippines take time to get married. Unmarried at 35 for a Filipino (in Philippines) isnt actually much of a big deal.