Quote:
Originally Posted by loquito23
Does the person’s name have to be on the application too? Or how can someone prove it? Because they didn’t technically have to be in the US before 2001 right? Please explain. Thank you!
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For petitions filed on or before January 14, 1998 there is no physical presence requirement.
You do not have to be on the petition, you only need to be a spouse or an unmarried child under 21 at the time it was filed.
You prove it by finding the approval notice of the petition and proving that you're related to whoever it was for.
If petition was approvable when filed but ultimately denied/withdrawn you need to prove it existed and that if things didn't take a sharp turn it would be approved. (E.g. a petition by an uncle withdrawn because your mother died, or petition by a company that went under during pendency).