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

[appleblossom 1,824]

Just now, LuvAmerika said:

 

is it even worth consulting a lawyer for this before the interview? i mean ive clearly aged out based off dates and calculations, but my mom keeps insisting its up to the visa officers discretion (its not, i think shes just in a state of denial) 

 

It’s not a matter of discretion, it’s a matter of law. 
 

I wouldn’t bother spending money on a lawyer personally, I’d just go to the interview and see what happens.  

[DELETEMYACCOUNTx 0]

10 minutes ago, appleblossom said:

It’s not a matter of discretion, it’s a matter of law. 
 

I wouldn’t bother spending money on a lawyer personally, I’d just go to the interview and see what happens.  

its just such a weird scenario. because i plan on getting married to an american next year anyway, and i dont want being denied to make it harder for me to get married (or look like we were only getting married for a green card).

Edited June 27 by LuvAmerika

[appleblossom 1,824]

1 minute ago, LuvAmerika said:

its just such a weird scenario. because i plan on getting married to an american next year anyway, and i dont want being denied to make it harder for me to get married (or look like we were only getting married for a green card). so we were planning on changing my status back to follow to join for awhile and then eventually removing myself from the application completely. this probably sounds completely insane.lol

Ok, so you have an easy Plan B anyway then. You not being eligible for a visa won’t be an issue further down the line (assuming your marriage is genuine & you have plenty of proof of your relationship anyway). 
 

I’d cancel the medical so you don’t spend money on something that probably isn’t necessary, but go to the interview just in case. But that’s just what I’d do, it’s your call obviously. 
 

 

[DELETEMYACCOUNTx 0]

17 hours ago, appleblossom said:

Ok, so you have an easy Plan B anyway then. You not being eligible for a visa won’t be an issue further down the line (assuming your marriage is genuine & you have plenty of proof of your relationship anyway). 
 

I’d cancel the medical so you don’t spend money on something that probably isn’t necessary, but go to the interview just in case. But that’s just what I’d do, it’s your call obviously. 
 

 

i think im more just worried about not being eligible for visa & being scrutinized at the border when i try to go visit my family, if they do somehow have that information

[DELETEMYACCOUNTx 0]

update; they said i qualified and havent aged out. i asked three times to make sure. im starting to believe most of the stuff i see on these forums isnt even accurate 

[SalishSea 17,383]

4 hours ago, LuvAmerika said:

update; they said i qualified and havent aged out. i asked three times to make sure. im starting to believe most of the stuff i see on these forums isnt even accurate 

So you went to the interview and you now have your visa?

[DELETEMYACCOUNTx 0]

6 minutes ago, SalishSea said:

So you went to the interview and you now have your visa?

we have to wait a few weeks for my moms extra medical tests to be sent in, but he said once they get those we'll both get the visas and not to worry 

Edited July 22 by LuvAmerika

[DELETEMYACCOUNTx 0]

anyway, if the consulate officer told me 3 times i havent aged out, didnt hand me a refusal due to aging out, thats a good sign right lol

[Ontarkie 14,115]

1 hour ago, LuvAmerika said:

anyway, if the consulate officer told me 3 times i havent aged out, didnt hand me a refusal due to aging out, thats a good sign right lol

That would be great. Please let everyone know when you get the visa. It is possible the dates are different than thought.

[Boiler 44,700]

CSPA is purely factual, it is a calculation.

[DELETEMYACCOUNTx 0]

ive been thinking about it. since canadians aren't legally allowed to adjust status during the immigration process and must ABSOLUTELY go through consular processing, that maybe the DOS us embassy in canada uses filing date to calculate cspa, giving canadian citizens more leeway than other embassies overseas 

Edited July 23 by LuvAmerika

[Boiler 44,700]

At least one of your assumptions is incorrect.

[DELETEMYACCOUNTx 0]

@Boiler what do you make on this situation? do you think he verbally approved me because he would feel to bad to reject me at the interview, and would deny me after the fact? im not sure what to make of it. specifically because i asked so many times, and he said i'd be okay. the only reason we got a 221g was because my mom had to submit extra testing for her medical. if not, he said we wouldve got it right away 

[Boiler 44,700]

You will get a visa if you qualify for it.