Sibling of My LPR spouse

[NJCube 4]

Hi Everyone,

 

Sorry to revisit this topic again but just needed clarification on something.   Once we apply for I-130 (Petition for visa) for my step daughter, and apply for DS-260 (immigrant visa application) within the year the NVC has the case, how does she actually become a US resident?   She comes here once the DS-260 is approved, but does that automatically make her a resident?   

[Boiler 45,516]

She becomes a resident when she enters using her Immigrant Visa.

[NJCube 4]

Thank you.  

 

Once she enters the US and is a resident, does she have to stay here for any amount of time before she can travel back to Spain?    The reason I ask is that she is a student over there.   The plan is for her to get her residency here and go back to finish school and then come back.

 

She won't be able to stay and wait for a re-entry application to be processed (since it takes like 5 months) so im thinking that she can go back to Spain and come back every 6 months until she is done with school.   Im just not sure if she has to stay here for a timeperiod initially.  

 

 

[Boiler 45,516]

1 minute ago, NJCube said:

Thank you.  

 

Once she enters the US and is a resident, does she have to stay here for any amount of time before she can travel back to Spain?    The reason I ask is that she is a student over there.   The plan is for her to get her residency here and go back to finish school and then come back.

 

She won't be able to stay and wait for a re-entry application to be processed (since it takes like 5 months) so im thinking that she can go back to Spain and come back every 6 months until she is done with school.   Im just not sure if she has to stay here for a time period initially.  

 

 

Well she can try, easy to say what is safe and what is not, when you try and play the line that is when it becomes tricky.

[SusieQQQ 11,586]

2 hours ago, NJCube said:

Thank you.  

 

Once she enters the US and is a resident, does she have to stay here for any amount of time before she can travel back to Spain?    The reason I ask is that she is a student over there.   The plan is for her to get her residency here and go back to finish school and then come back.

 

She won't be able to stay and wait for a re-entry application to be processed (since it takes like 5 months) so im thinking that she can go back to Spain and come back every 6 months until she is done with school.   Im just not sure if she has to stay here for a timeperiod initially.  

 

 

Coming back every 6 months is very risky, it does not maintain residence if she is actually living elsewhere.  She doesn’t have to wait 5 months for a re+entry permit, she just has to wait for the bio (usually 3-4 weeks), they can send the REP to be collected at the closest consulate to her when it’s processed.

[geowrian 22,337]

Note that she can file for the re-entry permit at any time while in the US once she enters on the immigrant visa. the Biometrics will be in the US. There is no need to wait until approval, though...you can even have the re-entry permit sent to the consulate abroad for pickup.

Edited February 25, 2020 by geowrian

[NJCube 4]

Thank you SusieQQQ and geowrian.  That is very helpful.  Sounds like a better option. 

[NJCube 4]

Hi Everyone,

 

I need guidance once again.    Sorry!

 

Just a quick recap of my question:

 

We want to bring my spouse's daughter to the US from Spain.   I am a US Citizen, my Spouse is an LPR.  His daughter is turning 21 July 5th of this year.   Via the very helpful people on this forum i learned that after she turns 21 she falls under a different category and the wait for a visa could be 5-7 years rather than 1-2 years before she turns 21.

 

I also learned from this post, that once the I-130 application is filed, his daughter's age is frozen for CSPA purposes.   Well, i submitted the I-130 and received a NOA that it was received 6/1/20.  I felt much more relaxed and thought it was just a matter of waiting.  However, I recently revisited this post to review all the helpful info and realized I might have made a mistake.

 

When I filled out the I-130, I put my spouse, the child's father as the petitioner.  I figured that would be better since he is the father.  Looking back through the posts, however, I saw a response from GEOWRIAN that states that in order for his daughter's age to be frozen, the petitioner needs to be a US Citizen.  Namely, I should have listed myself as the petitioner.

 

Being that she turns 21 in 11 days and the I-130 has been received and fee cashed, what is going to happen?   Since the petitioner is an LPR does his daughter's age not get frozen?   Will she fall into the 5-7 year category?   I'm so disheartened, I don't even want to mention it to my spouse till I understand the ramifications.  

 

Thank you. 

 

 

[SusieQQQ 11,586]

49 minutes ago, NJCube said:

Hi Everyone,

 

I need guidance once again.    Sorry!

 

Just a quick recap of my question:

 

We want to bring my spouse's daughter to the US from Spain.   I am a US Citizen, my Spouse is an LPR.  His daughter is turning 21 July 5th of this year.   Via the very helpful people on this forum i learned that after she turns 21 she falls under a different category and the wait for a visa could be 5-7 years rather than 1-2 years before she turns 21.

 

I also learned from this post, that once the I-130 application is filed, his daughter's age is frozen for CSPA purposes.   Well, i submitted the I-130 and received a NOA that it was received 6/1/20.  I felt much more relaxed and thought it was just a matter of waiting.  However, I recently revisited this post to review all the helpful info and realized I might have made a mistake.

 

When I filled out the I-130, I put my spouse, the child's father as the petitioner.  I figured that would be better since he is the father.  Looking back through the posts, however, I saw a response from GEOWRIAN that states that in order for his daughter's age to be frozen, the petitioner needs to be a US Citizen.  Namely, I should have listed myself as the petitioner.

 

Being that she turns 21 in 11 days and the I-130 has been received and fee cashed, what is going to happen?   Since the petitioner is an LPR does his daughter's age not get frozen?   Will she fall into the 5-7 year category?   I'm so disheartened, I don't even want to mention it to my spouse till I understand the ramifications.  

 

Thank you. 

 

 

You could only file as a citizen /stepparent if you married before she turned 18 anyway. (Maybe you did, but that’s not what i seem to recall)

 

But .... it so happens that because the F2A category is current (which means a visa is immediately available - it’s not usually the case) the same situation applies to her presently, so yes her age is actually frozen.  (Technically the visa is only available to her once it’s approved, but at that stage you’d subtract the time it has spent being approved to get to her CSPA age which obviously puts her age right back at where it was at petition receipt.)

The one caution: I don’t know what will happen if F2A retrogresses (stops being current and goes back to a priority date system) before her petition is approved. It may affect the age calculation. 
 

Uscis processing and approval  should continue  regardless of the fact that visa issuance is currently banned in this category. 

[milimelo 4,479]

File for your stepdaughter now. Do it online and you’ll have covered your bases. 

[NJCube 4]

2 hours ago, SusieQQQ said:

You could only file as a citizen /stepparent if you married before she turned 18 anyway. (Maybe you did, but that’s not what i seem to recall)

 

But .... it so happens that because the F2A category is current (which means a visa is immediately available - it’s not usually the case) the same situation applies to her presently, so yes her age is actually frozen.  (Technically the visa is only available to her once it’s approved, but at that stage you’d subtract the time it has spent being approved to get to her CSPA age which obviously puts her age right back at where it was at petition receipt.)

The one caution: I don’t know what will happen if F2A retrogresses (stops being current and goes back to a priority date system) before her petition is approved. It may affect the age calculation. 
 

Uscis processing and approval  should continue  regardless of the fact that visa issuance is currently banned in this category. 

Thanks so much for your response.  She was actually 16 when we got married so I could have petitioned for her but that’s water under the bridge now. 
 

Anyway, based on the F2A being current it looks like we’re ok.  What a relief.   I’ll keep my fingers crossed that it stays that way.  
 

I’m assuming the visa issuance is banned because of COVID-19.  I would imagine that by the time it gets to that stage the ban would have been lifted.  I’m estimating it will be about a year before my application gets approved.  
 

Thanks again and stay safe!

[NJCube 4]

1 hour ago, milimelo said:

File for your stepdaughter now. Do it online and you’ll have covered your bases. 

Based on what SusieQQQ replied, it looks like we’re ok.   I would imagine having two applications in process would confuse things.  Not to mention another $530 that would need to be paid. 
 

Thank you 

[Just Paul 4,595]

Just now, NJCube said:

I would imagine having two applications in process would confuse things.

Not an issue.   Actually a smart way to go.

[SusieQQQ 11,586]

30 minutes ago, NJCube said:

Thanks so much for your response.  She was actually 16 when we got married so I could have petitioned for her but that’s water under the bridge now. 
 

Anyway, based on the F2A being current it looks like we’re ok.  What a relief.   I’ll keep my fingers crossed that it stays that way.  
 

I’m assuming the visa issuance is banned because of COVID-19.  I would imagine that by the time it gets to that stage the ban would have been lifted.  I’m estimating it will be about a year before my application gets approved.  
 

Thanks again and stay safe!

If I were you - I’d contact an immigration attorney to ask what happens if the priority date  retrogresses. If that happening would put her back over 21 - and because you filed so close to 21 any retrogression would do that, if there is an effect  - then I agree with the suggestion to file as USC stepparent as a backup. I understand it’s not cheap, but as an insurance cost against an extra 5-7 years wait I’d consider it worth it?
 

You can have as many applications in the system for someone as they are eligible for. (I’ve personally had two concurrent ones for me before.)

Edited June 25, 2020 by SusieQQQ