derivative beneficiary question

[Redcapp 1]

My F3 category date is current. I am very confused about the derivative beneficiary part. The I-130 form back then was just 2 pages with no details questions on derivative  beneficiary, but I have included their names under "family names".  So now that the date is current, do my spouse and daughter over 21 also get included with this application? Please advice 

Another question: this was a paper application, and the status shows "At NVC." Where do I submit all the required documents to start this process?

[Boiler 45,657]

Spouse yes daughter probably not, how old is she and how long did it take for the I 130 to process?

[appleblossom 2,682]

45 minutes ago, Redcapp said:

My F3 category date is current. I am very confused about the derivative beneficiary part. The I-130 form back then was just 2 pages with no details questions on derivative  beneficiary, but I have included their names under "family names".  So now that the date is current, do my spouse and daughter over 21 also get included with this application? Please advice 

Another question: this was a paper application, and the status shows "At NVC." Where do I submit all the required documents to start this process?

 

You listed them under section 4 of the I-130?

 

You'll be sent a Welcome Letter with your case number on, and then you can log in and pay fees, submit docs, etc. 

 

What's your PD and which country? How old is your daughter and how long did the I-130 take to process?

[Redcapp 1]

She is 28 unmarried. I read something on CSPA- will that help us in any way? @Boiler

Edited Wednesday at 10:53 PM by Redcapp

[Redcapp 1]

@appleblossom  The "current" status is for the date of filing only so far and shows the case is at NVC.

My daughter is 28 and unmarried. I am worried if she wont qualify for this since we have been waiting for 14 years

She was under 21 when we applied.

Country- Nepal

[appleblossom 2,682]

Just now, Redcapp said:

@appleblossom  The "current" status is for the date of filing only so far and shows the case is at NVC.

My daughter is 28 and unmarried. I am worried if she wont qualify for this since we have been waiting for 14 years

She was under 21 when we applied.

Country- Nepal

 

How long did the I-130 take? What is the Priority Date and when was it approved? You need to know that to work out if she's aged out or is protected by CPSA.

[Redcapp 1]

@appleblossom We filed I-130 ; the priority date is July 16, 2012 

Q1) She was about 15 years old when we filed petition.  Is she protected by CPSA?

Q2) Assuming CPSA protects age, does the age get locked after we submit the documents to CBSA since the date of filing is current?

[Boiler 45,657]

7 years old be a long time for the I 130 to take but we need to know that information.

[appleblossom 2,682]

7 minutes ago, Redcapp said:

@appleblossom We filed I-130 ; the priority date is July 16, 2012 

Q1) She was about 15 years old when we filed petition.  Is she protected by CPSA?

Q2) Assuming CPSA protects age, does the age get locked after we submit the documents to CBSA since the date of filing is current?

Again, we need to know how long the I-130 took to be approved. That’s the crucial bit of info. 
 

Basically, for CPSA you can subtract the time the I-130 took from the actual age. So for example, if the I-130 takes 2 years to be processed, then that person can still qualify for a visa up to the age of 23, as you add the 2 years on to the ‘age out’ age of 21. 

[Redcapp 1]

@appleblossom Apologies for confusion -

I-130 got approved in 2014 April so she wouldn’t qualify? 

Edited Wednesday at 11:24 PM by Redcapp

[appleblossom 2,682]

Also, if PD is 07/16/12, then your PD isn’t current for filing yet - it will be on 1st January. 
 

So subtract the length of time the I-130 took to be processed from your daughters age on 1st Jan 2025 - if it puts her older than 21 then she’s aged out. If it puts her younger than 21 then she still qualifies for a visa. 

Edited Wednesday at 11:25 PM by appleblossom

[appleblossom 2,682]

1 minute ago, Redcapp said:

@appleblossom Apologies for confusion -

I-130 got approved in 2014 April so she wouldn’t qualify? 

OK, then no, she aged out a long time ago unfortunately. 

[Boiler 45,657]

Once you enter you can file for her but it will take a long time.

[Ontarkie 14,275]

~~Moved to Bringing Family of USC, from Work Visas. Duplicate thread also removed.~~