CSPA Age Calculation

[mlopezPH 0]

Hello everyone! I've been trying to do the computation for my CSPA Age.

Since my priority date is 08/08/2016 , my approval date is 11/02/2016, and my birth date is 01/24/1999.

That means I'll have 2 months and 25 days as the Pending Time right?

 

Based on the USCIS website:

Age at Time of Visa Availability

The date the visa is considered available is the later of these two dates:

• The date the petition was approved; or
• The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you in the Final Action Dates chart.

 

If I follow the petition approval to get my age at time of visa availability then it will be 17 years old and 9 mos right?

But if I follow the first day of the month of visa availability in the visa bulletin.

Final Action date Chart for October, 2018

F2A

22AUG16

22AUG16

22AUG16

01AUG16

22AUG16

Then my age would be 19 years and 8 mos right?

 

Now if I follow the formula I would get either

17 yrs 9 mos - 2 mos 25 days = 17 yrs 7 mos 5 days as my CSPA Age

or

19 yrs 8 mos - 2 mos 25 days = 19 yrs 6 mos 5 days as my CSPA Age

 

Why is it different and which one should I follow. Because during the interview we were asked to give a tax transcript for 2018 but we plan to wait and give the tax transcript for 2019 instead which is past my 21st birthday.

 

Edited December 6, 2019 by mlopezPH
Added interview info

[SusieQQQ 11,587]

1 hour ago, mlopezPH said:

Hello everyone! I've been trying to do the computation for my CSPA Age.

Since my priority date is 08/08/2016 , my approval date is 11/02/2016, and my birth date is 01/24/1999.

That means I'll have 2 months and 25 days as the Pending Time right?

 

Based on the USCIS website:

Age at Time of Visa Availability

The date the visa is considered available is the later of these two dates:

• The date the petition was approved; or
• The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you in the Final Action Dates chart.

 

If I follow the petition approval to get my age at time of visa availability then it will be 17 years old and 9 mos right?

But if I follow the first day of the month of visa availability in the visa bulletin.

Final Action date Chart for October, 2018

F2A

22AUG16

22AUG16

22AUG16

01AUG16

22AUG16

Then my age would be 19 years and 8 mos right?

 

Now if I follow the formula I would get either

17 yrs 9 mos - 2 mos 25 days = 17 yrs 7 mos 5 days as my CSPA Age

or

19 yrs 8 mos - 2 mos 25 days = 19 yrs 6 mos 5 days as my CSPA Age

 

Why is it different and which one should I follow. Because during the interview we were asked to give a tax transcript for 2018 but we plan to wait and give the tax transcript for 2019 instead which is past my 21st birthday.

 

The instructions are specifically to take the LATER of the two dates (I bolded/underlined that for emphasis in the extract you quoted), so it’s the priority date (final action date).  Because it is the priority date, you have a year from that to pursue a visa, which you have presumably done if you have already attended the interview.  So you are protected. 

 

Can you explain though why you are complicating matters by not just providing what is asked and rather waiting for something else?

[mlopezPH 0]

3 hours ago, SusieQQQ said:

The instructions are specifically to take the LATER of the two dates (I bolded/underlined that for emphasis in the extract you quoted), so it’s the priority date (final action date).  Because it is the priority date, you have a year from that to pursue a visa, which you have presumably done if you have already attended the interview.  So you are protected. 

 

Can you explain though why you are complicating matters by not just providing what is asked and rather waiting for something else?

I see, my Father just started to work in the US last April, 2019 that's why he cannot provide and tax transcript from the past years. After getting his greencard on 2015 he immediately filed me for petition and went back to the Philippines to wrap-up his work that's why we were worried if I'd get transferred to a different category if we would wait for the 2019 tax transcript instead of finding a joint sponsor which is hard for us as we don't have anyone to reach out to.

[geowrian 22,338]

4 hours ago, mlopezPH said:

I see, my Father just started to work in the US last April, 2019 that's why he cannot provide and tax transcript from the past years. After getting his greencard on 2015 he immediately filed me for petition and went back to the Philippines to wrap-up his work that's why we were worried if I'd get transferred to a different category if we would wait for the 2019 tax transcript instead of finding a joint sponsor which is hard for us as we don't have anyone to reach out to.

If he was working - anywhere - then he would have had to file US taxes still. LPRs and USCs are taxed on worldwide income (although the FEIE usually eliminates any liabilities under ~$100k).

I don't think waiting for 2019 taxes will eliminate his requirement to provide the 2018 tax information (he would need to provide the 2019 tax transcript + 2018 tax info still). A requirement of the I-864 is to have filed taxes for at least the previous 3 years, unless one was not required to file such as if they did not work or the income was below a minimum threshold.