Family

Nothing wrong with OPs heading. ..but I am still waiting for him to post 1. His date of birth 2. Marriage date for mom and stepfather …since the priority date assigned to the petition shifted a few days. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/MonthlyIVIssuances/Immigrant Visa Symbols.pdf Family-Sponsored Preferences F11 Unmarried son or daughter of U.S. citizen F12 Child of F11

What do you want to do..now? What was her reaction?

That is great news . Hopefully you stay , post and be that hope for others… Nothing wrong with never giving up !

If you consult more than one attorney, you will learn opinions / strategies are as varied as the responses in this thread . .. And if you are represented, the best thing to do trust your attorney…or find one you won’t second guess or doubt to see you through. Some attorneys that start a joint I-751;won’t continue when couple breaks up to avoid potential conflict. I will assume you left the shared marital residence, have you filed AR-11 and did attorney tell you it’s important to do so?

Forgive me, not sure where /what lines of what source is in dispute. I agree with you that marriage only need be viable at inception and an estranged / separated couple could even show up at an interview and remove conditions, as long as they are upfront and carry a truckload of bonafides… But let’s be realistic, few have Amicable Ex-es , divorces get a whole lot of messy .. I hope OP can tell us if he expects friendly or friendly-fire from soon to be ex.

As a practical issue, most guidance is to file I-751 w waiver ( w multiple grounds ) during that limbo / purgatory stage where couple is separated or divorce proceedings initiated…and file another when divorce decree in hand. https://www.ilrc.org/sites/default/files/resources/i-751_advisory_final.pdf Once the divorce or annulment is final, the applicant can either file a second waiver application based on the good faith but terminated marriage ground, or submit the decree and request that USCIS adjudicate the waiver based on this ground instead of the extreme hardship or battery/extreme cruelty ground

Interesting, though morbid analogy. The foreign CR spouse is definitely vulnerable to a slow dying marriage or a contentious lingering divorce. .. USCIS does take the position that they want notice when the couple either separates or starts divorces proceedings….and they pick apart marriage / divorce / separation timelines at N-400 stage. Add to that the risk of a scorned ex sending allegations with intent to harm…it’s rarely worth the risk to get a jointly filed I-751 approved during a moribund marriage. https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and you filed a Form I-751 jointly, we will issue an RFE specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing Form I-751 treated as a waiver.

That was indeed a rapid approval and neither child will be CSPA protected /qualified since they both aged out before priority date became current and there was no delay between filing and approval.

All sorts of prediction data out there…most say it will be a few years out

you are looking at wrong table,table B is what you need to look at for submitting your document to NVC If you are looking at table B , under F-3 , then you should understand your priority date is not current and even though you can complete NVC documentation and be DQ ….BUT they ( NVC) nor YOU can do a CSPA calculation until PD in table A becomes current. Just submit docs and wait and watch And if your sister is now unmarried she can claim F-1 ( current) and push the process

No use guessing the approval date..as it will throw off any CSPA calculation. Though it’s possible for them to approve it in a month ..they usually took a few years to look at and adjudicate. You need to be looking at an actual paper notice that says “approval “. Try searching online and input case number, it should show last action …ex On xxx we approved… Also as @manyfudge points out…dates and categories are confusing..Please redact the notice and upload a copy.

I may have misread …and assumed OP and family are not ready to return permanently to US. ..so I too need to clarify she only needs a new I-131 is she will continue to live abroad. If OP is ready to return, no new filing required

Prepare for attorney meet by reading through the AAO / USCIS non precedent decisions..jut put I-131 re entry in search criteria. ALL such appeals are DENIED, no leeway for circumstances or creative arguments . Book a ticket and fly home. File another I-131 and wait until you receive a Notice of Action Receipt and track your case with online account. ..estimating a week to 10 days stay in US . https://www.uscis.gov/administrative-appeals/aao-decisions/aao-non-precedent-decisions

Hoping members with recent success expediting I.765 under either c14 or c09 will give you insight…and you persist with Congressional Liason weekly.

Forgive me but if you got prima facie then you were eligible for 765 ( c 14) if I recall correctly.. was that application ever filed as such? I realize your most recent attorney said you had to file new I-485 and will assume they filed I-765 ( c 9) so very recent.. FOIA your complete file ( free and online) Either way, keep trying.

####### for tat..? https://wellcomecollection.org/articles/WpmW_yUAAKUUF6mV Statue of Isis nursing Horus, Egypt, 600–30 BCE, which predates Christian representations of the Nursing Madonna.

You have a “tough case” as they say…as they have not given you the prima facie determination since 2020.. Try expediting the I-765 itself. ..get a job offer letter and since you’ve exhausted resources..say you risk losing stable/ or any housing ( if applicable, of course).

You should wait until you N-600K interview is scheduled before applying for B-1/B-2 . Here is an active thread of others going through same…

Thank you @Chancy…it’s 309 C …brain fog cleared. Out of wedlock mother just needed to prove 1 year and zero custody issues. https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth

If emergency passport falls through in time for oath, consulate has to give her a B1/B2 to attend …it’s law. And there is no way to waive oath of allegiance..nor will consulate administer it. But I am remain intrigued if proving custody is an issue at all under what I assume is INA 320 ( she turned 18 after 2000) .. Am giving myself a headache..😀

Where the daughter or her parent currently reside is irrelevant for N-600. What matters is the documentation that the parent qualified to transmit citizenship at the time of the daughter's birth. USCIS already determined that the documentation they submitted is enough to prove that the parent was indeed qualified, hence the daughter is a US citizen from birth. Like @Timona I cannot see the whole picture ..but I believe in miracles.,will take an Approval and run with it…cause often it’s a matter of miscommunication In this instance , OP said the US mother always lived in the US and daughter always lived in home country..??

Have cousin’s daughter try submitting an emergency passport application through the consulate..look at emergency services for US citizens . Read through criteria, involves making travel arrangements

N-600 does not require applicant to be 18 or under..just some conditions to be met by that age..and I know even EWI applicants that are in the US can claim . As a back up plan, I would use the same evidence that was sent in for N-600 and IMMEDIATELY apply for a US passport….costs little, risks nothing and fast response.

Thank you for posting. As soon as they issue a date for the oath, apply for visitor visa/ emergency appointment to the consulate and ask for a B-1/B-2 visa ..who knows ..maybe more miracles 😎

If you have been part of the case and helping your cousin..perhaps you read this and can understand why there are some MISSING facts / details to your story. So post any screen shot of what case type you are tracking….pretty please 😊 https://www.uscis.gov/forms/all-forms/n-600-application-for-certificate-of-citizenship-frequently-asked-questions Persons who acquired U.S. citizenship and reside abroad should seek evidence of citizenship through a passport application to the Department of State. In most cases, one must be living in the United States to apply for a Certificate of Citizenship. Generally, you cannot automatically acquire citizenship after birth through your parent if you have not been lawfully admitted for permanent residence to the U.S. However, a parent or legal guardian may be able to apply for naturalization for you under section 322 of the Immigration and Nationality Act if you are under 18 years of age and temporarily present in the United States pursuant to a lawful admission, which includes a lawful admission in non-immigrant status. Please refer to Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 for more information.