I-130 Critical situation due to the ageout 21 for my child

[Demise 1,309]

12 hours ago, arken said:

CSPA may or may not cover him depending on when i130 will be approved and if F2A stays current. OP can only hope F2A stays current.

F2A has been current for years and will remain current in November 2021, and if I-485 is filed while it's current a subsequent retrogression wouldn't cause an ageout:

"If the applicant filed an adjustment application based on the Final Action Dates chart, and his or her CSPA age at the time of filing the application was under 21, then the applicant’s CSPA age is locked in through final adjudication of the application."

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

Edited October 23, 2021 by Demise

[arken 4,197]

3 hours ago, Demise said:

F2A has been current for years and will remain current in November 2021, and if I-485 is filed while it's current a subsequent retrogression wouldn't cause an ageout:

"If the applicant filed an adjustment application based on the Final Action Dates chart, and his or her CSPA age at the time of filing the application was under 21, then the applicant’s CSPA age is locked in through final adjudication of the application."

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

Read the statement very carefully before drawing a wrong conclusion out of it. You are ignoring the key parameter of the cspa age, the i130 approval date. In short It says "if the cspa age is under 21 at the time of AOS filing, it is locked". In this statement i130 is already approved because you can only have cspa when visa is available and visa isn't available until i130 is approved (otherwise people would get GC even if i130 stayed pending and AOS approved)

 

For OP's son, visa isn't available just because  F2A is current unless i130 is approved. So visa is considered available the day i130 is approved or the day PD is current whichever is LATER. CSPA age is then calculated at the time of visa availability. So there is no cspa age for OP's son to get locked if i485 is filed in Nov if i130 is pending even if F2A stays current.

Edited October 23, 2021 by arken

[SusieQQQ 11,587]

Arken is correct.

 

Also, F2A has been current for a little over 2 years, since July 2019 to be precise. I guess technically you could say that is “years”, but when you’ve been around a while, 2 years is still the exception rather than the norm. The litmus test is going to be what happens as embassies return to normal and can process the Covid/previously subject to ban backlog of F2A applications faster - I don’t think it’s at all unrealistic to expect a return to priority dates for F2A as that happens and they start dealing with the pentup demand, and it’s not outside the realm of probability that this happens before i130 approval.  So all OP can do is hope it is Nebraska  - the only fast approval center for F2A at present - and that it’s done in time.

Edited October 23, 2021 by SusieQQQ

[Fayezabu 6]

First realy I would like to thank you all, I have some confused, if he must submit I-485 now or in November better and I need your experiences about the steps and process time also what the next if other than Nebraska, and only I-485 the better solution or there is other thing we can do. (the parents approval for I-130 from May 2020 but Covid-19 and Executive Order 10041 delay the interview up to last month with expedite request). because that I have only the next four month to finish him situation. I know also maybe we can face any surprises in the future may good or other but let us do what we can and hope . 

Appreciate your help and support

[SusieQQQ 11,587]

3 hours ago, Fayezabu said:

First realy I would like to thank you all, I have some confused, if he must submit I-485 now or in November better and I need your experiences about the steps and process time also what the next if other than Nebraska, and only I-485 the better solution or there is other thing we can do. (the parents approval for I-130 from May 2020 but Covid-19 and Executive Order 10041 delay the interview up to last month with expedite request). because that I have only the next four month to finish him situation. I know also maybe we can face any surprises in the future may good or other but let us do what we can and hope . 

Appreciate your help and support

Why would you wait till November?

There’s nothing you can do if it’s not Nebraska. The best advice regardless of other circumstances, especially ones you have no control over (like which service center it’s at and how long processing takes) is to file everything as soon as you can. 

[Fayezabu 6]

On 10/23/2021 at 6:52 PM, SusieQQQ said:

Why would you wait till November?

There’s nothing you can do if it’s not Nebraska. The best advice regardless of other circumstances, especially ones you have no control over (like which service center it’s at and how long processing takes) is to file everything as soon as you can. 

Dear,

The SSN number is required in form i-864 and up to date has not been received the SSN or the GC . Is it permissible to apply through my previous sponsors in my i-R5 visa application (My US Citizen son and his uncle joint sponsor) without my form i-864.

[Boiler 45,794]

They can be a co sponsor, you will be the sponsor.

[Fayezabu 6]

11 minutes ago, Boiler said:

They can be a co sponsor, you will be the sponsor.

On form I-864, the social security number is required and I still didn’t receive it since I was admitted to US on September 24,2021. Is it fine to submit the I-864 form without the social security number.

[SusieQQQ 11,587]

13 minutes ago, Fayezabu said:

On form I-864, the social security number is required and I still didn’t receive it since I was admitted to US on September 24,2021. Is it fine to submit the I-864 form without the social security number.

You should have received it by now. Contact your local SSA office. 

[HRQX 4,145]

1 hour ago, Fayezabu said:

and I still didn’t receive it since I was admitted to US on September 24,2021.

Call the SSA: https://www.ssa.gov/ssnvisa/Handout_11_1.html

Quote

IMPORTANT: Call us if you do not receive your Social Security card after 3 weeks or if you change your mailing address after arrival in the United States. If you call us, please have this letter with you. It will help us answer your questions.

 

https://www.ssa.gov/coronavirus/categories/conducting-business-with-social-security-during-the-pandemic/

I need help with my Social Security Number (SSN)

We are prioritizing requests for in-person SSN services for:

• Individuals age 12 or older applying for their first SSN card.
• Individuals who need to update or correct their SSN information (such as your name, date of birth, or citizenship) to obtain income, resources, or medical care or coverage, or other services or benefits (for example filing a tax return, applying for housing, or seeking an Economic Impact Payment).

If you believe you qualify for an in-person appointment, call your local office. You can look up the phone number for your local office by accessing our office locator. Please note that appointments may not be immediately available, depending on local health and safety conditions and staffing.

[arken 4,197]

23 hours ago, Fayezabu said:

Is it fine to submit the I-864 form without the social security number.

No, SSN is a must for the sponsors. There is no rush for i864/AOS, you can wait for SSN rather than getting it rejected or rfe'd or straight denial. If your SSA office accepts walk ins, go and apply in person.

[Fayezabu 6]

29 minutes ago, arken said:

No, SSN is a must for the sponsors. There is no rush for i864/AOS, you can wait for SSN rather than getting it rejected or rfe'd or straight denial. If your SSA office accepts walk ins, go and apply in person.

I contact SSN Administration local office and they tell me still no information yet,and until green card issued, then will issue the SSN card.

 Will wait and hope to receive it soon.

[arken 4,197]

7 minutes ago, Fayezabu said:

I contact SSN Administration local office and they tell me still no information yet,and until green card issued, then will issue the SSN card.

 Will wait and hope to receive it soon.

If there is no record of your SSN application (initiated by CBP) by this time, I suggest you make an appointment to apply for it in person. Don't ask about anything. Just tell them you want to apply for a SSN. You don't need a GC to apply for it. Your POE stamped visa is good enough.

Edited October 25, 2021 by arken

[Fayezabu 6]

On 10/26/2021 at 1:10 AM, arken said:

If there is no record of your SSN application (initiated by CBP) by this time, I suggest you make an appointment to apply for it in person. Don't ask about anything. Just tell them you want to apply for a SSN. You don't need a GC to apply for it. Your POE stamped visa is good enough.

I'm out of country for Emergency case, Is there an option to expedite the process for GC and SSN, I contact USCIS Live agent and he said must wait for the green card to be issued.

[HRQX 4,145]

9 minutes ago, Fayezabu said:

and he said must wait for the green card to be issued.

Contact SSA again and ask for a supervisor if needed. The endorsed IR-5 should be enough for them to schedule an appointment for you to submit SS-5 form.