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If I aged out per DOS Cspa, should I attend the interview

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I'm a canadian derivative child of a F2B visa. Ive computed my cspa age Per DOS Cspa guidelines, and it appears Ive aged out.

Everyone is saying I should attend the interview regardless, but I'd rather not have false hope and focus on a new plan for my future. 

People are also saying if my name isnt "greyed out" in the ceac portal, that I havent aged out but I've also read many times where there names are still on the portal, are called to interview & are aged out based on calculations done at the interview.

Date of birth: 12/13/1997

Priority date: 11/10/2015

Approval date: 10/22/2020

Visa became current: 03/01/2024

Age when visa became available: 26 years, 2 months 18 days

Cspa age: 21 years, 3 months 5 days. 

I dont know if they count the date the I130 was filed for anything, as i was just listed as my mothers child, but the i130 was filed 07/17/2015.

Any comments regarding this could and will help. 

If its better for me to not attend the interview, please tell me because I do not want to spend money on the medical exam coming up in just a few days.

 

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Filed: K-1 Visa Country: Wales
Timeline

Certainly looks like you have aged out.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

Well no harm, will they pay the costs?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

Canadians tend to have an easy time visiting and to some extent the ship has sailed anyway.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 minutes ago, LuvAmerika said:

 

Priority date: 11/10/2015

 

I dont know if they count the date the I130 was filed for anything, as i was just listed as my mothers child, but the i130 was filed 07/17/2015.

 

I'm confused by this - your PD is normally the date the I-130 was filed, how is it 4 months different?

Edited by appleblossom
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9 minutes ago, appleblossom said:

 

I'm confused by this - your PD is normally the date the I-130 was filed, how is it 4 months different?

I'm not sure. I was going through all of our papers and I saw that the date my grandma filed the i130 by mail was actually 04/14/2015. I'm not sure if there were any mistakes or it didnt go through or something, because then I was looking at the actual i130 paperwork and it was all dated 07/17/2015. My priority date on Notice of Action however is 11/10/2015. 

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Just now, LuvAmerika said:

I'm not sure. I was going through all of our papers and I saw that the date my grandma filed the i130 by mail was actually 04/14/2015. I'm not sure if there were any mistakes or it didnt go through or something, because then I was looking at the actual i130 paperwork and it was all dated 07/17/2015. My priority date on Notice of Action however is 11/10/2015. 

 

Strange! Never heard of that before. 

 

Unfortunately it does sound like you've definitely aged out then. Your parent can petition for you once they've got their GC though if you did still want to move. 

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Filed: K-1 Visa Country: Wales
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3 minutes ago, LuvAmerika said:

Wont it take several years :(

Yes

 

Your Parents case did

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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7 minutes ago, LuvAmerika said:

Wont it take several years :(

 

Yes, but at least it's an option so you do still have a route (albeit with a longer wait) if you do want to move. Alternatively, is a work based visa possible? 

Edited by appleblossom
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Question. If I dont attend the interview (its already registered) would my mom be able to inquire about the CSPA age out for me without me being there and schedule another interview if it turned out to be ok (I know it wont, i def aged out) but just to make my mom feel more secure in my decision of not attending

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2 hours ago, Boiler said:

Yes

 

Your Parents case did

Sorry for dragging this on for so long guys. But I read somewhere that you can also subtract the time after your priority date became current from the age. In that case it would be 4.7 months.

Is this true? My age froze on March 1st 2024 at 26 yrs 2 months 18 days. My CSPA age based off the general calculations was 21 years 3 months 5 days. If it is true that you can subtract time after visa priority date became current in final action dates, I think I would be under 21. (if this is completely wrong please let me know, lol) 

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3 hours ago, LuvAmerika said:

Sorry for dragging this on for so long guys. But I read somewhere that you can also subtract the time after your priority date became current from the age. In that case it would be 4.7 months.

Is this true? My age froze on March 1st 2024 at 26 yrs 2 months 18 days. My CSPA age based off the general calculations was 21 years 3 months 5 days. If it is true that you can subtract time after visa priority date became current in final action dates, I think I would be under 21. (if this is completely wrong please let me know, lol) 


Never heard of that. Here’s all the info you need, make sure you’re using the correct dates (i.e. date visa became available - as it looks to me like you’re using the date your PD became current on the VB, which isn’t correct). And double check your calculation carefully. 

 

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

 

If in any doubt at all, I’d attend the interview rather than risk it personally. 

Edited by appleblossom
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