F4 visa approved - CSPA/Marriage help required

[agha-badar 0]

My mother was petitioned for F4 by her brother in USA.

We have received Welcome letter from NVC in 2020.

 

I am the only one child(Son - 32 years old) of my parents. My name was not appeared as accompany.

 

My CSPA age is = ( (my current age 32) - waiting time(13 years, as applied in 2007)) = 19 years

 

I was get divorced in 2016. will i be considered as unmarried.

should i request to NVC to add me ACCOMPANY or it can effect/delay this case?

 

Your best opinion required.

[SusieQQQ 11,587]

If you were married either before or after the petition was filed then that would have disqualified you as a derivative at the time that happened, even if you are divorced since. For any new petition after the divorce was filed you would be considered single. So your parents can file for you after they get a green card as you are single now, and permanent residents can sponsor single adult children.

 

That aside, I believe you have the waiting time wrong. It is highly unlikely the case has only just been approved. The approval date is the one shown on an i797 approval notice, not the date on the welcome letter. It was probably a couple/few years after the case was filed for a 2007 case. (The date relevant for CSPA waiting time is approval date - priority date.)

Edited June 9, 2020 by SusieQQQ

[aaron2020 11,651]

Hi,

 

Your calculation is wrong.  You do not get to subtract the entire time that you waited for the Priority Date to become current.  You only get to subtract the time it took USCIS to approve the petition.  You do not get to subtract the time that the case was waiting at the NVC.

When was the I-130 approved?  What are the first 4 numbers in the NVC case number?

 

It's highly unlikely that it took 11 years for USCIS to approve a case.  Furthermore, cases filed in 2007 have usually been approved by 2010.  Your CSPA age is well over 21 and that is why your name is not included.  

Sorry.

Edited June 10, 2020 by aaron2020

[aaron2020 11,651]

4 hours ago, SusieQQQ said:

If you were married either before or after the petition was filed then that would have disqualified you as a derivative at the time that happened, even if you are divorced since. For any new petition after the divorce was filed you would be considered single. So your parents can file for you after they get a green card as you are single now, and permanent residents can sponsor single adult children.

 

That aside, I believe you have the waiting time wrong. It is highly unlikely the case has only just been approved. The approval date is the one shown on an i797 approval notice, not the date on the welcome letter. It was probably a couple/few years after the case was filed for a 2007 case. (The date relevant for CSPA waiting time is approval date - priority date.)

This is incorrect.  I've known children who got married and subsequently divorced that were eligible derivatives.  

Edited June 10, 2020 by aaron2020

[SusieQQQ 11,587]

14 minutes ago, aaron2020 said:

This is incorrect.  I've known children who got married and subsequently divorced that were eligible derivatives.  

USCIS manual for F2 child states such cases are ineligible at the point of initial marriage, why would it be different for derivatives of such F cases?

 

Likely irrelevant here anyway as OP almost certainly has the approval date wrong.

 

Edit: ok, it seems for a derivative it can restore child status if both cspa under 21 and divorce occurs before visa available, according to another section of manual, seems inconsistent to me but it is fact, so apologies for incorrect statement above

 

Edited June 10, 2020 by SusieQQQ

[agha-badar 0]

3 hours ago, aaron2020 said:

Hi,

 

Your calculation is wrong.  You do not get to subtract the entire time that you waited for the Priority Date to become current.  You only get to subtract the time it took USCIS to approve the petition.  You do not get to subtract the time that the case was waiting at the NVC.

When was the I-130 approved?  What are the first 4 numbers in the NVC case number?

 

It's highly unlikely that it took 11 years for USCIS to approve a case.  Furthermore, cases filed in 2007 have usually been approved by 2010.  Your CSPA age is well over 21 and that is why your name is not included.  

Sorry.

What are the first 4 numbers in the NVC case number? 

It's 2009

[Just Paul 4,595]

1 minute ago, agha-badar said:

What are the first 4 numbers in the NVC case number? 

It's 2009

Yes, you have aged out.

[agha-badar 0]

Thanks for your feedback. 

 

Can i put any request to NVC over email, or it's not worthy?

What can be its consequences? 

[Unlockable 7,315]

2 hours ago, agha-badar said:

Thanks for your feedback. 

 

Can i put any request to NVC over email, or it's not worthy?

What can be its consequences? 

Request for what exactly?

[SusieQQQ 11,587]

4 hours ago, agha-badar said:

Thanks for your feedback. 

 

Can i put any request to NVC over email, or it's not worthy?

What can be its consequences? 

 

5 hours ago, agha-badar said:

What are the first 4 numbers in the NVC case number? 

It's 2009

So your CSPA age is around 30. It’s not a discretionary decision, over 21 is ineligible. You can request NVC to add you back (it seems they will if you insist as they do not decide eligibility) if you prefer to pay a few hundred dollars medical plus visa fees for a consular officer to tell you that officially. 

[Just Paul 4,595]

6 hours ago, agha-badar said:

it's not worthy?

You would be wasting your time and effort.  When you turned 21, + the approx 2 years of CSPA coverage, your eligibility ended.  I hope you didn't end you marriage thinking you were still immigrating.

[agha-badar 0]

9 hours ago, Unlockable said:

Request for what exactly?

Request to add me with my parents, as we have a very small family. can be difficult to live separate.

 

Are they can consider my request, and does it a good approach for our case?

[milimelo 4,546]

19 minutes ago, agha-badar said:

Request to add me with my parents, as we have a very small family. can be difficult to live separate.

 

Are they can consider my request, and does it a good approach for our case?

At 32 you’re definitely not a child and they most certainly won’t approve you for an immigrant visa just because you’re a “very small family”. 

[ZirZai 36]

You are 32 years old, you are not considered a child. Your case will not be treated differently with or without your request. Uscis is not forcing your family apart, its your parents choice to do that. Once they become green card holders they can apply for you but you have to remain unmarried for another 8 or so years to join them.

[agha-badar 0]

4 minutes ago, ZirZai said:

You are 32 years old, you are not considered a child. Your case will not be treated differently with or without your request. Uscis is not forcing your family apart, its your parents choice to do that. Once they become green card holders they can apply for you but you have to remain unmarried for another 8 or so years to join them.

i have heard , GC holder sponsor for unmarried adult takes 2-4 years.

is this possible.