Little confused about upgrade process for family based application

[wadelmaki 0]

Hello All –

I am a bit confused of what to do and here is my story;

I have been a PR in the US since 2008 and I have applied for my wife I-130 back in 2010 (based on GC) and got approved in 2011. In the application I inculded my older son who was born in Canada in 2010. Our file hab been transferred to NVC for further processing and I have added my other son who was born in 2012 to the application as well. So, things are going smooth and now the visa number for F2A are current and we are only required to fill the DS260 form and then we will be scheduled for interview in US embassy in Canada.

Things start changing since I became a US citizen last week, and I thought it will then be going even smoother, however yesterday I called NVC to inquire about my case and what do I need to do since I became a US citizen. They told me I have to send a copy of my Citizenship certificate and my spouse’s catagory will be upgraded to immediate family, but my kids can’t be included in her application anymore and that I have to file a separate I-130 for both of them. This was completely new to me.

So, now I am not sure what to do, can I forgot about the upgrading part and continue with the process as a PR (I guess I have to inform NVC with my citizenship status)! If I have to apply for new I-130s for my two little kids, does that mean if the petetions are approved will they be in catogry F1, which is currently processing prioty dates in 2006.

I would liike some guidance and/or input.

Thanks

[wadelmaki 0]

I am not sure if I am posting in the right forum or not.

Hello All –

I am a bit confused of what to do and here is my story;

I have been a PR in the US since 2008 and I have applied for my wife I-130 back in 2010 (based on GC) and got approved in 2011. In the application I inculded my older son who was born in Canada in 2010. Our file hab been transferred to NVC for further processing and I have added my other son who was born in 2012 to the application as well. So, things are going smooth and now the visa number for F2A are current and we are only required to fill the DS260 form and then we will be scheduled for interview in US embassy in Canada.

Things start changing since I became a US citizen last week, and I thought it will then be going even smoother, however yesterday I called NVC to inquire about my case and what do I need to do since I became a US citizen. They told me I have to send a copy of my Citizenship certificate and my spouse’s catagory will be upgraded to immediate family, but my kids can’t be included in her application anymore and that I have to file a separate I-130 for both of them. This was completely new to me.

So, now I am not sure what to do, can I forgot about the upgrading part and continue with the process as a PR (I guess I have to inform NVC with my citizenship status)! If I have to apply for new I-130s for my two little kids, does that mean if the petetions are approved will they be in catogry F1, which is currently processing prioty dates in 2006.

I would liike some guidance and/or input.

Thanks

[discoverusa 267]

This can have something to do with the fact that your kids (if under 18) qualify to get citizenship automatically since you are the citizen. I don't have a specific advice but research more about how to get citizenship for your kids based on your newly acquired status.

[aaron2020 11,651]

Once you became a US citizen, the case for your wife was automatically converted. There's nothing you can do except do what the service requires.

You have to file separate petitions for your children. Request expedite processing based on the current status of your wife's case.

This can have something to do with the fact that your kids (if under 18) qualify to get citizenship automatically since you are the citizen. I don't have a specific advice but research more about how to get citizenship for your kids based on your newly acquired status.

It has nothing to do with his kids.

It has to do with the fact that he is now a US citizen and no longer an LPR.

[wadelmaki 0]

discoverusa

My children are under 18 and they can not get citizenship automatically unless they come to the US on an IV (either 551 stamp on their passport or obtain GC), because I became a citizen after they were born. What you have said is correct if I was a citizen before they were born.

Once you became a US citizen, the case for your wife was automatically converted. There's nothing you can do except do what the service requires.

You have to file separate petitions for your children. Request expedite processing based on the current status of your wife's case.

It has nothing to do with his kids.

It has to do with the fact that he is now a US citizen and no longer an LPR.

aaron2020 -

Thanks for your reply. How do you request an expedite the processing?

Also, the other question that I had, after their I-130 get approved, do they become eligble for an IV based on F1 catogary, which is currently held-up in 2006? If that is the case, what is point of me applying for my spouse? My spouse can not to the US and leave a toddler and infant baby for someone else.

I am really getting nervus!

[aaron2020 11,651]

Calm down. Everything will be alright. Your wife and children will immigrate together. The US is well aware that this situation happens and is prepared to help.

To expedite, follow these instructions: http://www.ehow.com/how_7932908_expedite-i130.html

When you file I-130s for your children, you as a US citizen will petition for them as your Immediate Relatives. They are not in the F1 family preference category, so forget about 2006. Your children will get immigration visas within 6 months after their cases are expedited. They will immigrate with your wife. They will be US citizens once they get their green cards.

[wadelmaki 0]

aaron2020 -

Thanks for your help!

Few questions in mind:

Thanks

Can I ignore advising NVC with my immigration status change, and continue with the process as if I am a PR holder?

If my wife’s visa got approved after the upgrading, can my children fly with her to the States with their Canadian passports (as a visitors) and wait for the I-130 processing from within the US and then adjust their status? Or the US officer at port of entry will deny their entry based on the dual intent!

If F1 is not not applicable to my case, which cases are related to F1?

[aaron2020 11,651]

aaron2020 -

Thanks for your help!

Few questions in mind:

Thanks

Can I ignore advising NVC with my immigration status change, and continue with the process as if I am a PR holder?

NO. WHY WOULD YOU CONSIDER COMMITTING IMMIGRATION FRAUD WHEN THE NVC ALREADY IS AWARE YOU ARE A US CITIZEN. THIS IS THE WORST THING FOR YOU TO DO - LIE TO US IMMIGRATION WHEN YOU HAVE LEGAL WAYS TO BRING YOUR FAMILY HERE SOON. TO BE FRANK BECAUSE I WANT TO HELP YOU - DON'T BE STUPID.

If my wifes visa got approved after the upgrading, can my children fly with her to the States with their Canadian passports (as a visitors) and wait for the I-130 processing from within the US and then adjust their status? Or the US officer at port of entry will deny their entry based on the dual intent!

NO. WHY WOULD YOU CONSIDER COMMITTING IMMIGRATION FRAUD. THIS IS THE NEXT WORST THING FOR YOU TO DO - LIE TO US IMMIGRATION WHEN YOU HAVE LEGAL WAYS TO BRING YOUR FAMILY HERE SOON. IT IS ILLEGAL TO ENTER THE US ON NON-IMMIGRANT VISAS WITH THE INTENT TO IMMIGRATE. DON'T DO IT.

WHAT DUAL INTENT???? THERE IS NO DUAL INTENT. THEY INTEND TO IMMIGRATE WHICH IS A VIOLATION OF US IMMIGRATION LAWS. TELL THE CO YOUR PLAN AND THE CHILDREN WILL NOT BE ENTERING THE US AS VISITORS.

If F1 is not not applicable to my case, which cases are related to F1?

The F-1 family preference category is for when an unmarried child of a US citizen does not qualify as an Immediate Relative. Usually, it's when the unmarried child is over age 21.

THE NVC HAS GIVEN YOU INSTRUCTIONS ON WHAT TO DO, FILE I-130s FOR YOUR CHILDREN. YOU HAVE BEEN TOLD HOW TO EXPEDITE THEIR CASES. YOU HAE BEEN TOLD THAT THEY CAN IMMIGRATE WITH YOUR WIFE. YET, YOU WANT TO LIE. YOU MAKE YOUR CHOICE. WHAT IS THE BEST CHOICE FOR YOUR CHILDREN IN THE LONG RUN?????? LEGAL IMMIGRATION OR FRAUDULENT IMMIGRATION????

DO WHAT THE NVC TELLS YOU TO DO.

Edited August 30, 2013 by aaron2020

[newacct 688]

I am not sure if I am posting in the right forum or not.

Hello All –

I am a bit confused of what to do and here is my story;

I have been a PR in the US since 2008 and I have applied for my wife I-130 back in 2010 (based on GC) and got approved in 2011. In the application I inculded my older son who was born in Canada in 2010. Our file hab been transferred to NVC for further processing and I have added my other son who was born in 2012 to the application as well. So, things are going smooth and now the visa number for F2A are current and we are only required to fill the DS260 form and then we will be scheduled for interview in US embassy in Canada.

Things start changing since I became a US citizen last week, and I thought it will then be going even smoother, however yesterday I called NVC to inquire about my case and what do I need to do since I became a US citizen. They told me I have to send a copy of my Citizenship certificate and my spouse’s catagory will be upgraded to immediate family, but my kids can’t be included in her application anymore and that I have to file a separate I-130 for both of them. This was completely new to me.

It is true.

So, now I am not sure what to do, can I forgot about the upgrading part and continue with the process as a PR (I guess I have to inform NVC with my citizenship status)!

You can.

If I have to apply for new I-130s for my two little kids, does that mean if the petetions are approved will they be in catogry F1, which is currently processing prioty dates in 2006.

No, they would be in Immediate Relative category, if they are under 21.

[aaron2020 11,651]

You can.

Under what law or regulations would he be able to process the case as an F2a when the NVC has already told him that he must file separately for his children?

I am not sure if I am posting in the right forum or not.

Hello All

I am a bit confused of what to do and here is my story;

I have been a PR in the US since 2008 and I have applied for my wife I-130 back in 2010 (based on GC) and got approved in 2011. In the application I inculded my older son who was born in Canada in 2010. Our file hab been transferred to NVC for further processing and I have added my other son who was born in 2012 to the application as well. So, things are going smooth and now the visa number for F2A are current and we are only required to fill the DS260 form and then we will be scheduled for interview in US embassy in Canada.

Things start changing since I became a US citizen last week, and I thought it will then be going even smoother, however yesterday I called NVC to inquire about my case and what do I need to do since I became a US citizen. They told me I have to send a copy of my Citizenship certificate and my spouses catagory will be upgraded to immediate family, but my kids cant be included in her application anymore and that I have to file a separate I-130 for both of them. This was completely new to me.

So, now I am not sure what to do, can I forgot about the upgrading part and continue with the process as a PR (I guess I have to inform NVC with my citizenship status)! If I have to apply for new I-130s for my two little kids, does that mean if the petetions are approved will they be in catogry F1, which is currently processing prioty dates in 2006.

I would liike some guidance and/or input.

Thanks

There is no reason for you to start another thread to ask the same question.

http://www.visajourney.com/forums/topic/451470-little-confused-about-upgrade-process-for-family-based-application/#entry6480285

Edited August 30, 2013 by aaron2020

[wadelmaki 0]

NO. WHY WOULD YOU CONSIDER COMMITTING IMMIGRATION FRAUD WHEN THE NVC ALREADY IS AWARE YOU ARE A US CITIZEN. THIS IS THE WORST THING FOR YOU TO DO - LIE TO US IMMIGRATION WHEN YOU HAVE LEGAL WAYS TO BRING YOUR FAMILY HERE SOON. TO BE FRANK BECAUSE I WANT TO HELP YOU - DON'T BE STUPID.

NO. WHY WOULD YOU CONSIDER COMMITTING IMMIGRATION FRAUD. THIS IS THE NEXT WORST THING FOR YOU TO DO - LIE TO US IMMIGRATION WHEN YOU HAVE LEGAL WAYS TO BRING YOUR FAMILY HERE SOON. IT IS ILLEGAL TO ENTER THE US ON NON-IMMIGRANT VISAS WITH THE INTENT TO IMMIGRATE. DON'T DO IT.

WHAT DUAL INTENT???? THERE IS NO DUAL INTENT. THEY INTEND TO IMMIGRATE WHICH IS A VIOLATION OF US IMMIGRATION LAWS. TELL THE CO YOUR PLAN AND THE CHILDREN WILL NOT BE ENTERING THE US AS VISITORS.

The F-1 family preference category is for when an unmarried child of a US citizen does not qualify as an Immediate Relative. Usually, it's when the unmarried child is over age 21.

THE NVC HAS GIVEN YOU INSTRUCTIONS ON WHAT TO DO, FILE I-130s FOR YOUR CHILDREN. YOU HAVE BEEN TOLD HOW TO EXPEDITE THEIR CASES. YOU HAE BEEN TOLD THAT THEY CAN IMMIGRATE WITH YOUR WIFE. YET, YOU WANT TO LIE. YOU MAKE YOUR CHOICE. WHAT IS THE BEST CHOICE FOR YOUR CHILDREN IN THE LONG RUN?????? LEGAL IMMIGRATION OR FRAUDULENT IMMIGRATION????

DO WHAT THE NVC TELLS YOU TO DO.

I don’t know where you are getting that I would like to commit a fraud on USCIS. I was not and have not been planning on doing that.

First, I have not told NVC that I am a US citizen yet, I phoned to ask few questions about my case and what are the next steps, and this issue came-up. To tell NVC about your upgrading, you have to email a copy of your citizenship certificate. SO, I AM NOT STUPID, and I will not do anything that will affect my family.

Secondly, about having my kids go to the States and finish their process overthere, what is wrong with that. I asked the question to check if there is a similar process to the spouse K1 visa (where you can have your visa process completed in US after she/he moves to the States and file I-130 & I-129F). So, my question is there anything similar for children, where you can continue the process from within US and adjust the status later on. WHERE IS THE FRAUD HERE? Please understand what people are asking for before you ACCUSE OTHERS.

Thanks for clarifying that F1 is meant to be for children over 21 of age.

[wadelmaki 0]

aaron2020 -

I think there was a reason that I posted in two forums, because I was not sure which one would fit my case best. I have mentioned that on top that I am not sure if opened a thread in the right discussion or not.

[Canerican 242]

Secondly, about having my kids go to the States and finish their process overthere, what is wrong with that. I asked the question to check if there is a similar process to the spouse K1 visa (where you can have your visa process completed in US after she/he moves to the States and file I-130 & I-129F). So, my question is there anything similar for children, where you can continue the process from within US and adjust the status later on. WHERE IS THE FRAUD HERE? Please understand what people are asking for before you ACCUSE OTHERS.

What is wrong with this is that there is a way for your children to enter into the USA legally, if they come to the US with intent to immigrate that is visa fraud as was mentioned earlier.

As well, to give you a heads up, with the I-129F for a finace(e) you start the process in your home country and the fiance(e) visa is issued in your home country and then you travel to the USA to get married and then after getting married you adjust status (AOS).

Concerning filing the I-130 within the USA that is only for people who travel to the USA on VWP for instance and then out of the blue they meet someone, get married and file the I-130 concurrently with the I-485, I-131, I-765.

Another issue if you were to have the kids come over without a visa and your wife come over with a visa, the CBP will see the immigrant intent and your children will not be able to come over as your wife having a visa and you being LPR or USC will not bode well for the children at the border as the immigrant intent is very obvious.

You are going through the process to get your wife and children here legally, I would suggest filing a separate I-130 for your children and getting it expedited so that they can travel with your wife to the USA and do this legally.

I hope this helps.

Edited August 31, 2013 by CDN(ON)-USA(VT)