Sister with pending I-130 came to the US under U4U program

[MsDropofrain 4]

Hello!

My mother submitted I-130 for my sister in March of 2012 under F-3 category. Because of the war in Ukraine, my sister was able to come to the States with her two daughters 4 months ago through Uniting for Ukraine program. My sister currently lives in San Francisco with our mom. We need to update my sister's info on her I-130 but I am not having any luck doing it electronically. First of all, she had another child which should be added to her mother's application/petition. Then, my sister legally separated  and was in a process of divorcing her abusive husband when the war started. So, she wants to remove him off the original petition. Lastly,  we need to update her mailing address since she will be living in the US for the next two years. Is there a way to update all of this information electronically? As far as I know, my sister does not have a NVC case number yet. Supposedly, her case was approved in 2014 and something was mailed to her but we were unsuccessful in retrieving that notification. Where do we start?

[SteveInBostonI130 3,471]

1 hour ago, MsDropofrain said:

Hello!

My mother submitted I-130 for my sister in March of 2012 under F-3 category. Because of the war in Ukraine, my sister was able to come to the States with her two daughters 4 months ago through Uniting for Ukraine program. My sister currently lives in San Francisco with our mom. We need to update my sister's info on her I-130 but I am not having any luck doing it electronically. First of all, she had another child which should be added to her mother's application/petition. Then, my sister legally separated  and was in a process of divorcing her abusive husband when the war started. So, she wants to remove him off the original petition. Lastly,  we need to update her mailing address since she will be living in the US for the next two years. Is there a way to update all of this information electronically? As far as I know, my sister does not have a NVC case number yet. Supposedly, her case was approved in 2014 and something was mailed to her but we were unsuccessful in retrieving that notification. Where do we start?

 

First, if the I-130 is approved, then that is that.  It is for records only.  Your mother should have received the NOA2 and a welcome letter from the NVC.

 

Second, now that your sister is not married, contact NVC.  Her category should switch to F1.  I am not sure if she gets to keep the March 2012 PD date - I will have to defer to others.

 

Third, contact NVC for the next steps.  Your mother does not need to update the I-130.  Your sister also does not need to update the I-130.  Your sister will need to fill out the DS-260 with the updated information.   USCIS/NVC understands that things change in the years it takes for the PD to be current, and allows the information on the DS-260 to be different from the I-130.  Moving forward, the DS-260 will be used for visa approval and family derivatives.

 

Fourth, if your sister is successful in switching category to F1 and can keep her original PD date, then I believe her PD will be current and she can adjust status.

[Boiler 45,773]

I read it that the Sister is still married.

 

Agree Derivatives come into play when the PD is current.

[MsDropofrain 4]

2 hours ago, SteveInBostonI130 said:

 

First, if the I-130 is approved, then that is that.  It is for records only.  Your mother should have received the NOA2 and a welcome letter from the NVC.

 

Second, now that your sister is not married, contact NVC.  Her category should switch to F1.  I am not sure if she gets to keep the March 2012 PD date - I will have to defer to others.

 

Third, contact NVC for the next steps.  Your mother does not need to update the I-130.  Your sister also does not need to update the I-130.  Your sister will need to fill out the DS-260 with the updated information.   USCIS/NVC understands that things change in the years it takes for the PD to be current, and allows the information on the DS-260 to be different from the I-130.  Moving forward, the DS-260 will be used for visa approval and family derivatives.

 

Fourth, if your sister is successful in switching category to F1 and can keep her original PD date, then I believe her PD will be current and she can adjust status.

Thank you for your great suggestions. I will keep in them mind, but we can't submit DS-260 since her case wasn't transitioned to CEAC site yet.

 

Today I was able to add the case number to my sister's USCIS account and this is what it says.

July 16, 2014

Case Was Approved

On July 16, 2014, we approved your Form I-130, Petition for Alien Relative, Receipt Number WACxxxxxxxxxx. We sent you an approval notice. Please follow the instructions in the notice.

 

 

However, back in November 2014, the following email was sent to me (as her agent) :

"Due to the numerical limitations on immigrant visa issuance prescribed by law, this petition is not eligible for further processing at this time. The petition will be retained at the NVC until an immigrant visa becomes available. "

I believe that there was no other communication since then. Since my sister is in the US though U4U program can we try to expedite her petition?

 

 

Edited September 18, 2022 by MsDropofrain

[Boiler 45,773]

There is nothing current to expedite. She is just waiting.

[MsDropofrain 4]

sigh. We are just worried that my niece who is 19.5 now will "age out" like my brother did - he could not come with my mom because he turned 21 while waiting on the approvals.

[MsDropofrain 4]

All right. So we have an update on my sister's case. First of all her category was changed to F1 and her PD was kept as March of 2012. She also received this letter yesterday:

 

"The U.S. Embassy or Consulate in Frankfurt, Germany approved your request to process your immigrant visa case expeditiously. We are forwarding your case file to the embassy or consulate for their action.

 

The Consular Section will contact you to schedule your visa interview once they receive your case file. This can take several weeks.. If there is a change to your address (mail or email) or phone number, please tell the U.S. Embassy or Consulate right away to ensure they know how to get in touch with you. You can find contact information online at usembassy.gov."

 

Everything went so fast with NVC that she wasn't even able to finish her DS-260 yet. They just moved her case to Frankfurt.

 

Can she apply for the Adjustment of Status now since she's already been in the USA for the past 18 months? She already went through a biometrics appt to get her Employment Authorization Document and had her medical exams when she arrived in 2022. Also, I don't think that she can leave the country and come back if she is in UHP/parole status (?).

[Boiler 45,773]

F1 means she is divorced? She is divorced I take it?

[MsDropofrain 4]

27 minutes ago, Boiler said:

F1 means she is divorced? She is divorced I take it?

yes, that is correct.

[Boiler 45,773]

Adjust away.

[MsDropofrain 4]

4 minutes ago, MsDropofrain said:

yes, that is correct.

that's great to hear!

I am assuming that she first needs to finish DS-260, pay applicable fees, and provide all supporting documentation since there was almost no "grace period" between the NVC Welcome Letter and then Expedited Notification moving her case to the U.S. Embassy in Frankfurt.

 

[Boiler 45,773]

She will be abandoning her Consulate case and filing to adjust. NVC and Consulate will not be involved.

[Crazy Cat 41,985]

26 minutes ago, MsDropofrain said:

that's great to hear!

I am assuming that she first needs to finish DS-260, pay applicable fees, and provide all supporting documentation since there was almost no "grace period" between the NVC Welcome Letter and then Expedited Notification moving her case to the U.S. Embassy in Frankfurt.

 

It will be either Adjustment of Status inside the US (I-485, etc) or Consulare Processing (DS-260, etc).....

Edited December 2, 2023 by Crazy Cat

[Chancy 6,243]

1 hour ago, MsDropofrain said:

I am assuming that she first needs to finish DS-260, pay applicable fees, and provide all supporting documentation

 

If your sister intends to stay in the US, no need to submit DS-260 nor pay fees to NVC.  Just file I-485 with the required supporting documents, including a copy of the I-130 approval notice.  I also recommend filing I-765 (category c9) and I-131, even if she already has EAD.  I-765 and I-131 are free if filed with or after I-485.