CONSULAR TO AOS HELP.

[DanJR 0]

 

Hi, for context my US Citizen father petitioned for me for the standalone I-130 from the UK a few months ago which is being processed by the Texas office in April 2024 as I was planning on doing consular processing, however I am now in the US on a J-1 Visa (exchange) and have decided I wanted to stay if eligible. For the I-130 as it’s IR-2 there is no wait for a visa with the consular route, and as he is a us citizen and I was under 21 at the time of filing so going through the IR-2 category, and I did consular processing as I live in the UK, however recently i am in the us currently on a J1 Visa for the summer which expires in August,  and im not sure if that affects anything as I would now like to change to adjustment of status if that’s possible and would like to know if I could do that and how I go about, step by step doing it as even though I have just turned 21 the other day I don’t know if that affects it at all, since my age was frozen at the time of submitting I-130 would that be the case for the I485 even though I have not yet submitted it or will it be aged out as I’m now 21, also I am sure the I485 and I765 if I would need to submit both would still be approved, please help if possible, thanks. 

Edit: my I-130 hasn’t been reviewed or touched yet by USCIS if that helps, and was submitted April 21th 2024, I also came here with my DS-2019 and J1 so do I need to do anything with them? and by USCIS guidelines it says 3 months which is only estimates but I would like to know if anyone can help me and say whether I’m eligible or not since I’d prefer to stay now but don’t know whether that’s an option and would to the petitioner (my dad) also have to come back to the US? 

[jan22 3,014]

Probably the most important piece of information in your post was your last sentence when you asked if your petitioner (your Dad) “ have to come back to the US”.  Is he not in the US now?  If so, is he outside on the US on a short visit or is he residing outside the US?  If residing outside the US, does he intend to return to live in the US when you get your immigrant visa?

 

Also, I am assuming that your family has checked to make sure your father did not meet the requirements fir transmitting US citizenship to you at birth?

[Crazy Cat 41,143]

**Moved to Adjustment of Status from Work, Student, and Tourist Visas as OP is inside the US***

[DanJR 0]

8 minutes ago, jan22 said:

Probably the most important piece of information in your post was your last sentence when you asked if your petitioner (your Dad) “ have to come back to the US”.  Is he not in the US now?  If so, is he outside on the US on a short visit or is he residing outside the US?  If residing outside the US, does he intend to return to live in the US when you get your immigrant visa?

 

Also, I am assuming that your family has checked to make sure your father did not meet the requirements for transmitting US citizenship to you at birth?

 

yes he does intend to return with me when I get my immigrant visa and yes he meets the requirements for time spent in the US, I was just wondering would he have to come now if I was elligble to go AOS route, and have I aged out if I was to submit it now that I am 21 but have pending I-130 which was submitted before and kept me in CSPA frozen age guides

[jan22 3,014]

6 minutes ago, DanJR said:

17 minutes ago, jan22 said:

Probably the most important piece of information in your post was your last sentence when you asked if your petitioner (your Dad) “ have to come back to the US”.  Is he not in the US now?  If so, is he outside on the US on a short visit or is he residing outside the US?  If residing outside the US, does he intend to return to live in the US when you get your immigrant visa?

 

Also, I am assuming that your family has checked to make sure your father did not meet the requirements for transmitting US citizenship to you at birth?

 

yes he does intend to return with me when I get my immigrant visa and yes he meets the requirements for time spent in the US, I was just wondering would he have to come now if I was elligble to go AOS route, and have I aged out if I was to submit it now that I am 21 but have pending I-130 which was submitted before and kept me in CSPA frozen age guides

If he meets the requirements for “time in the US”, why are you pursuing an immigrant visa (or even the J1) instead of documenting your US citizenship?

 

Edited July 23 by jan22

[DanJR 0]

Just now, jan22 said:

If he meets the requirements for “time in the US”, why are you pursuing an immigrant visa (or even the J1) instead of documenting your US citizenship.

 

I’m not sure if I got confused but I’m going for an IR2 Because I never got a CRBA or US passport before I was 18 

[jan22 3,014]

5 minutes ago, DanJR said:

I’m not sure if I got confused but I’m going for an IR2 Because I never got a CRBA or US passport before I was 18 

It doesn’t matter whether you got the actual CRBA document before you were 18 or not — if your father transmitted US citizenship to you, you were/are a US citizen from birth whether it was/is documented or not.  After 18, the process is completed by applying for a US passport and submitting the same kinds of supporting documentation of US physical presence as you would for a CRBA.

 

Most importantly, as a US citizen, you would not qualify for an immigrant visa or AOS, as they are processes for non- citizens.

Edited July 23 by jan22

[appleblossom 1,881]

2 minutes ago, DanJR said:

I’m not sure if I got confused but I’m going for an IR2 Because I never got a CRBA or US passport before I was 18 

 

Being over 18 has no relevance if you were a US citizen at birth. So did your father meet the requirements when you were born?

[DanJR 0]

1 minute ago, jan22 said:

It doesn’t matter whether you got the actual CRBA document or not — if your father transmitted US citizenship to you, you were/are a US citizen from birth whether it was/is documented or not.  After 18, the process is completed by applying for a US passport and submitting the same kinds of supporting documentation of US physical presence as you would for a CRBA.

Sorry I read that wrong. My father has US citizenship however I don’t I am only a UK citizen 

[appleblossom 1,881]

3 minutes ago, DanJR said:

Sorry I read that wrong. My father has US citizenship however I don’t I am only a UK citizen 

 

But how did he get US citizenship and when? 

[DanJR 0]

22 minutes ago, appleblossom said:

 

But how did he get US citizenship and when? 

He was born in the US, and since birth and has had properties and lived there multiple times but is intending to go back when I get an IV issued to me

[appleblossom 1,881]

36 minutes ago, DanJR said:

He was born in the US, and since birth and has had properties and lived there multiple times but is intending to go back when I get an IV issued to me

 

Right, what we're trying to determine is if you are already a US citizen (and have been since birth).

 

When has he lived in the US and for how long?

 

 

Edited July 23 by appleblossom

[DanJR 0]

Sorry if this is so confusing but I’m new to all of this, So for context, I was born in the UK and he never bothered applying for any US citizenship for me, So he lived there at birth until around 2 and then went back for school for another year or so maybe longer at 12 and then went back a few times each year for the summer until 16 when he moved back for around 2 years there about and has ever since been back and owned a house within the family for 50 years until recently. He has mainly lived there before I was born and only been on vacations mostly and lived there a small bit back at his old house ever since I was born for a few months max each time , and then my grandparent was a citizen and the other was a green card holder who lived there and met presence also 

[appleblossom 1,881]

3 hours ago, DanJR said:

Sorry if this is so confusing but I’m new to all of this, So for context, I was born in the UK and he never bothered applying for any US citizenship for me, So he lived there at birth until around 2 and then went back for school for another year or so maybe longer at 12 and then went back a few times each year for the summer until 16 when he moved back for around 2 years there about and has ever since been back and owned a house within the family for 50 years until recently. He has mainly lived there before I was born and only been on vacations mostly and lived there a small bit back at his old house ever since I was born for a few months max each time , and then my grandparent was a citizen and the other was a green card holder who lived there and met presence also 

 

If you were a citizen at birth, he didn't need to apply for anything for you (other than a passport if you wanted one). 

 

Sounds like he may meet the requirements to have passed citizenship on to you, but best to check it carefully yourself - https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

Were your parents married?