f4 Derivatives and change of country

[Travellerlove 6]

Hello! These questions are for my aunt and her brother my uncle. Please help.

 

1) My aunt's case is already complete but no interview schedule yet. Can she still add 2 derivatives? Does cspa still work? If she can still add them, are they going to send a different affidavit of support?

 

2) My uncle (her brother) is already living in new zealand and currently processing their papers. Can they be interviewed there or they should come back to their home country? 

 

Anyone who will respond will be greatly appreciated. Thank you! 

Edited December 13, 2019 by Travellerlove

[SalishSea 17,839]

Your post is missing lots of details.  Which visa?  Who is the USC petitioner?  Who is the beneficiary?  Please try to communicate the situation a bit more clearly to get accurate advice.

[Travellerlove 6]

Just now, Jorgedig said:

Your post is missing lots of details.  Which visa?  Who is the USC petitioner?  Who is the beneficiary?  Please try to communicate the situation a bit more clearly to get accurate advice.

Apologies both are under f4 category. My aunt and her brother were both petitioned by their us citizen sister, my aunt in 1996 and her brother in 1997...both of their derivatives were a month before they were born when they were petitioned.

[aleful 1,905]

how old are their children?

 

 

 

[Travellerlove 6]

3 minutes ago, aleful said:

how old are their children?

 

 

 

The derivative of my aunt was born june 6, 1996 they were petitioned and approved feb 9, 1996 and their case under f4 visa availability was may 2019 based on the cspa calculator both kids are eligible but i dont know if that is accurate.

 

Son of my uncle was born may 11, 1997 his petition was march 1997 and approved april 1997 and visa availability is april 2, 2019

Edited December 13, 2019 by Travellerlove

[aleful 1,905]

hi

 

they should've been added at the nvc stage before they started sending in the paperwork

 

now it's too late,  when they have their interview, they will have to ask the consul about their children

 

is your uncle legally living in NZ? did he put his current address on the forms that were filled out?

[Travellerlove 6]

Just now, aleful said:

hi

 

they should've been added at the nvc stage before they started sending in the paperwork

 

now it's too late,  when they have their interview, they will have to ask the consul about their children

 

is your uncle legally living in NZ? did he put his current address on the forms that were filled out?

Thank you. Yes my uncle is i think a citizen of new zealand now, will that affect his appliaction? He already added his derivative. Now the problem is with my aunt's son. The one born in 1996, is he eligible for the visa under cspa? And yes their case is complete already so does this mean they cant add him anymore? No interview letter yet and the "add applicant" still works but i dont know why. Please help. Thanks!

[SusieQQQ 11,586]

31 minutes ago, Travellerlove said:

Thank you. Yes my uncle is i think a citizen of new zealand now, will that affect his appliaction? He already added his derivative. Now the problem is with my aunt's son. The one born in 1996, is he eligible for the visa under cspa? And yes their case is complete already so does this mean they cant add him anymore? No interview letter yet and the "add applicant" still works but i dont know why. Please help. Thanks!

According to you the one petition was filed and approved on the same day and the other one approved one month after filing. IF these facts are correct (the first is is not believable and the second fairly unlikely, but maybe it happened ) then the one child has zero protection under CSPA and the other only one month, meaning both will have aged out as actual ages are older than 21 and 21 plus one month, respectively. 

 

 

1 minute ago, Travellerlove said:

 I saw some people do it like that and i thought it is better to read that way. 

Bold should be for stuff you want to emphasize. 

Personally I find entire posts in bold almost as annoying as those all in caps.

 

 

Edited December 13, 2019 by SusieQQQ

[Travellerlove 6]

Just now, SusieQQQ said:

According to you the one petition was filed and approved on the same day and the other one approved one month after filing. IF these facts are correct (the first is is not believable and the second fairly unlikely, but maybe it happened ) then the one child has zero protection under CSPA and the other only one month, meaning both will have aged out as actual ages are older than 21 and 21 plus one month, respectively. 

Apologies, the approval what i meant was the notice date. I keep on saying approval date. 😌 Their approval dates are april and may 2019

1 minute ago, SusieQQQ said:

According to you the one petition was filed and approved on the same day and the other one approved one month after filing. IF these facts are correct (the first is is not believable and the second fairly unlikely, but maybe it happened ) then the one child has zero protection under CSPA and the other only one month, meaning both will have aged out as actual ages are older than 21 and 21 plus one month, respectively. 

 

 

Bold should be for stuff you want to emphasize. 

Personally I find entire posts in bold almost as annoying as those all in caps.

 

 

Ok im new here i didnt know. Thanks.

[SusieQQQ 11,586]

3 minutes ago, Travellerlove said:

Apologies, the approval what i meant was the notice date. I keep on saying approval date. 😌 Their approval dates are april and may 2019

 

No, they’re not.

the approval dates are the dates attached to the i797 approval notice (the one actually saying “the above petition has been approved” and normally for F-categories having a blurb that visas are not yet available) that the petitioner received, probably somewhere between a few months and a few years after filing.

you need to track down those i797s to get the approval dates.

Edited December 13, 2019 by SusieQQQ

[SusieQQQ 11,586]

There is a sample picture of an approval notice here, you’ll see it says “approval notice” under notice type, below the beneficiary's name. This is what you need to find.

https://citizenpath.com/form-i-797-notice-action/

[Travellerlove 6]

7 minutes ago, SusieQQQ said:

No, they’re not.

the approval dates are the dates attached to the i797 approval notice (the one actually saying “the above petition has been approved” and normally for F-categories having a blurb that visas are not yet available) that the petitioner received, probably somewhere between a few months and a few years after filing.

you need to track down those i797s to get the approval dates.

Ok. For my aunt the receipt date feb 9, 1996, notice date same feb 9, 1996....son was born june 1996. They got their visa availability may 2019. But her case is complete no interview date yet but wants to add that son if eligible and if still permitted.

 

For my uncle(her brother in new zealand) the receipt date was march 20, 1997 notice date april 22, 1997 son was born may 11, 1997 and visa availability april 2, 2019. This one he added him as a derivative.

 

Both are under f4. I know nothing bout this cpsa thing thing not sure if my uncle did the right decision to add his son. Thanks a lot.

Edited December 13, 2019 by Travellerlove

[Travellerlove 6]

2 minutes ago, SusieQQQ said:

There is a sample picture of an approval notice here, you’ll see it says “approval notice” under notice type, below the beneficiary's name. This is what you need to find.

https://citizenpath.com/form-i-797-notice-action/

Yes thats exactly whay i was talking about sorry for the confusion.

[SusieQQQ 11,586]

There is almost no way that the petition was both received and approved on the same day. Are you confusing the i797 receipt notice with the i797 approval notice?

 

If your uncle’s details are right (it’s unusual but not impossible for one month to approval), then as I already said the son will get one month of CSPA protection and therefore will have aged out if he is older than 21 years plus one month, which he is. IF the dates you provided are correct.  

 

 

[Travellerlove 6]

1 minute ago, SusieQQQ said:

There is almost no way that the petition was both received and approved on the same day. Are you confusing the i797 receipt notice with the i797 approval notice?

 

If your uncle’s details are right (it’s unusual but not impossible for one month to approval), then as I already said the son will get one month of CSPA protection and therefore will have aged out if he is older than 21 years plus one month, which he is. IF the dates you provided are correct.  

 

 

Here is the one of my aunt i honestly have no idea but let me know what this is thanks again. 💗