Jump to content
Shariar Rahman

Applicant removed after Documentarily Qualified

 Share

9 posts in this topic

Recommended Posts

Hi there,

 

I and my family is applicants of F4 family visa category. We received DQ email in October 2020. Recently I've logged in CEAC and noticed that my name has been removed from the applicants list while the other three family member including principal applicant remained unchanged. I thought this might be because my age is no eligible to move to USA in a F4 visa category. Therefore my question is DOES NVC REMOVE APPLICANT EVEN AFTER DQ DUE TO THE REASON I'VE STATED ABOVE? Thanks in advance.

Link to comment
Share on other sites

Duplicate post

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Are you certain that your age disqualifies you? What is your PD? What month and year were you born? When was the I-130 approved?

 

Edited to add: Regardless of your age, it is your marriage that has caused you to be disqualified as a derivative on an F-4

 

 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

1 hour ago, JFH said:

Are you certain that your age disqualifies you? What is your PD? What month and year were you born? When was the I-130 approved?

 

Edited to add: Regardless of your age, it is your marriage that has caused you to be disqualified as a derivative on an F-4

 

 

Hello there, thanks for your response. My PD is April 2007 and my D.O.B is 28th April 1995. I-130 was approved on 2011. I don't see any other valid reason rather than this. Moreover once you get DQ then applicant cannot be removed as well. Thus why I think I got removed due to my age.

Link to comment
Share on other sites

2 minutes ago, Shariar Rahman said:

Hello there, thanks for your response. My PD is April 2007 and my D.O.B is 28th April 1995. I-130 was approved on 2011. I don't see any other valid reason rather than this. Moreover once you get DQ then applicant cannot be removed as well. Thus why I think I got removed due to my age.

On your previous thread you asked about how to contact NVC to tell them you are married to a USC and your plan was to pursue the CR-1, as this is the correct visa type for you now. Did you do that? 
 

You don’t see any other valid reason that you are not eligible for F-4 derivative? Have you forgotten the fact that you are now married? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

28 minutes ago, JFH said:

On your previous thread you asked about how to contact NVC to tell them you are married to a USC and your plan was to pursue the CR-1, as this is the correct visa type for you now. Did you do that? 
 

You don’t see any other valid reason that you are not eligible for F-4 derivative? Have you forgotten the fact that you are now married? 

Yes, the correct visa category for me at the moment is IR-1. However my discussion was about whether the NVC removes the applicant even after DQ because of the applicant's age. I have been removed automatically when I checked, I didn't informed NVC that I got married after DQ. Therefore I would like to know if anyone has faced the same situation. Thanks

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

You can age out after being DQ.  Being DQ does not lock in your CSPA age.  Only the PD becoming current locks in your CSPA age.  Beneficiaries can be removed after DQ for aging out when the PD is not current.  

 

Since you did not provide exact dates, I will GUESS at what happened.


It took USCIS about 4 years to approve the I-130 (2007-2011).  This gave you an extra 4 years, meaning you age out at 25 if the PD is not current.  The PD for your parent is not current and you're over 25.  You've aged out.  This is probably why you were removed.   

If you have not informed them that you got married, then they don't know so you were not removed for this reason.  

Edited by aaron2020
Link to comment
Share on other sites

48 minutes ago, Shariar Rahman said:

Yes, the correct visa category for me at the moment is IR-1. However my discussion was about whether the NVC removes the applicant even after DQ because of the applicant's age. I have been removed automatically when I checked, I didn't informed NVC that I got married after DQ. Therefore I would like to know if anyone has faced the same situation. Thanks

Why have not informed them that you are married and ineligible? When were you planning to tell them? Or were you hoping to keep it a secret and use the F-4 derivative visa as a way to bypass the spousal visa processing time? That’s material misrep and can get you a lifetime ban. 

 

If you are now an IR-1 you have been married for at least 2 years. But you still haven’t informed NVC? And you lied when you submitted the DS-260?

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

  • 4 weeks later...
On 2/21/2021 at 1:03 AM, JFH said:

Why have not informed them that you are married and ineligible? When were you planning to tell them? Or were you hoping to keep it a secret and use the F-4 derivative visa as a way to bypass the spousal visa processing time? That’s material misrep and can get you a lifetime ban. 

 

If you are now an IR-1 you have been married for at least 2 years. But you still haven’t informed NVC? And you lied when you submitted the DS-260?

No way, why would I dare to lie to the NVC about being married and beside this I am aware that it could result in lifetime ban. I asked whats the step I can take before filing the CR1 (I HAVE BEEN MARRIED RECENTLY AND MISTAKENLY I MENTIONED IR1) however I have been removed automatically from my F4 application during the DQ process. Moreover My wife has already filed the petition last week so right now I am looking forward to receive the receipt. By the way your response sounded aggressive for no reason. Cheers.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...