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DAP Forums > Other Topics > Other Topics

245i/sibling petition/aging out - Page 9

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#81
07-22-2010, 04:02 AM
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dream_hope
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Question to those whose visa is about to become current in August 2010 -- are we supposed to get a letter in the mail saying we need to send in the application? Or do we not get anything and just send it in?

Thanks
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#82
07-22-2010, 02:54 PM
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RenzoM
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Quote:
Originally Posted by dream_hope View Post
Question to those whose visa is about to become current in August 2010 -- are we supposed to get a letter in the mail saying we need to send in the application? Or do we not get anything and just send it in?

Thanks
http://www.familybasedimmigration.com/forum/nvc.php
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#83
07-22-2010, 11:28 PM
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Quote:
Originally Posted by RenzoM View Post
http://www.familybasedimmigration.com/forum/nvc.php
Hey I still don't get it, lol. So I'm waiting to receive the DS-3032 form or notice? Is that what it is? Thanks for the link though it looks useful, just not quite sure if it applies to me since I don't see I-485 anywhere....
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#84
07-23-2010, 01:06 AM
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Quote:
Originally Posted by Dream becomes Reality View Post
I always suggest contacting an experienced lawyer in order to double check so that you're completely sure. I think (anyone with more information please correct me if I'm wrong) if your priority date is current AND you indicated when you filed your I-130 that you were present in the US and intend to adjust your status within the US, then all you need to do is obtain the form I-485 and other applicable forms (basically the whole packet and supplemental forms if it applies to your case) from your local immigration office. I'm not so sure they'll contact you since you're already in the US so you don't need to obtain a visa to travel to the US, and if you already indicated that you'll adjust status here rather than in your home country then I don't think the NVC needs to directly contact you...
yeah, I know how the process works, but Idk how it is if you're adjusting here in the states. I never hear of cases like mine so I cant ever learn
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#85
07-24-2010, 03:43 PM
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Quote:
Originally Posted by Dream becomes Reality View Post
I always suggest contacting an experienced lawyer in order to double check so that you're completely sure. I think (anyone with more information please correct me if I'm wrong) if your priority date is current AND you indicated when you filed your I-130 that you were present in the US and intend to adjust your status within the US, then all you need to do is obtain the form I-485 and other applicable forms (basically the whole packet and supplemental forms if it applies to your case) from your local immigration office. I'm not so sure they'll contact you since you're already in the US so you don't need to obtain a visa to travel to the US, and if you already indicated that you'll adjust status here rather than in your home country then I don't think the NVC needs to directly contact you...
Thanks, I was planning on sending the paperwork and I'm pretty sure they don't send a notice. I was asking because my mom was curious and she can't believe they don't let people know, what if we had missed the visa bulletin?
Btw I mentioned it before but I absolutely refuse to consult a lawyer until I'm extremely desperate I've been filling out my dad's application as well as mine and it's actually not a very difficult process unless you have a complicated case. Our case thankfully is not very complicated.

----
Attn: For those who are curious about the aging out issue and CSPA, I discovered that it's not as hard to figure out if you qualify as they make it seem. All you need to know is have your age on the date the priority date became current (I will be 21 on August 1, 2001), and then calculate how long it took for your petition to be approved (in our case it took almost 5 years for my dad's I-130 to be approved). Now subtract that from your age. 21-~5 = ~17. I would qualify. Either way I'm attaching a memo to my application so that they won't miss it, I heard that CSPA calculations are not automatic so we have to get their attention.

For anyone that's curious about whether you qualify, there's this lawyer on Youtube who did a very good video about it. At first he talks about U.S. citizens freezing their beneficiaries' ages (none of us probably apply for that), but at 2:37 he begins talking about being derivative beneficiaries (which is probably what most -if not all- of us in this thread are)

http://www.youtube.com/watch?v=3q8I6O68JJo&
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#86
08-01-2010, 09:41 PM
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Quote:
Attn: For those who are curious about the aging out issue and CSPA, I discovered that it's not as hard to figure out if you qualify as they make it seem. All you need to know is have your age on the date the priority date became current (I will be 21 on August 1, 2001), and then calculate how long it took for your petition to be approved (in our case it took almost 5 years for my dad's I-130 to be approved). Now subtract that from your age. 21-~5 = ~17. I would qualify. Either way I'm attaching a memo to my application so that they won't miss it, I heard that CSPA calculations are not automatic so we have to get their attention.
You just have be careful to understand that you subtract how many years it took for petition to be approved and not how long you waited for priority date. And it is usually the priority date you are waiting for is what causes a lot of people to age-out. My dad's priority date is almost there, but I unfortunately am completely aged-out. If I could subtract how long we waited for priority date, it wouldn't be a problem.
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#87
08-02-2010, 12:47 AM
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Quote:
Originally Posted by Swim19 View Post
You just have be careful to understand that you subtract how many years it took for petition to be approved and not how long you waited for priority date. And it is usually the priority date you are waiting for is what causes a lot of people to age-out. My dad's priority date is almost there, but I unfortunately am completely aged-out. If I could subtract how long we waited for priority date, it wouldn't be a problem.

I'm sorry to hear you aged out My dad's i-130 was filed on April 30th, 2001, and it was approved in July of 2006. Five years! Waiting for the priority date took 4 additional years. In my case, either calculation would've put me under 21 since I'm 21 right now, but yea it's good to point out that it's the years it took for the petition to be approved and not for the priority date to become current.
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#88
09-27-2010, 03:40 AM
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Do any of you have any updates? My dad and I have FINALLY finished gathering all the documents and will be submitting them... I'm so nervous.

Have any of you sent in your stuff?
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#89
09-27-2010, 11:07 AM
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Quote:
Originally Posted by dream_hope View Post
Do any of you have any updates? My dad and I have FINALLY finished gathering all the documents and will be submitting them... I'm so nervous.

Have any of you sent in your stuff?
You're not the only one lol. We're sending in the package this thursday.
Make sure you send it in friday jk haha

Are you guys doing it through a lawyer?
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#90
09-27-2010, 02:04 PM
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Quote:
Originally Posted by RenzoM View Post
You're not the only one lol. We're sending in the package this thursday.
Make sure you send it in friday jk haha

Are you guys doing it through a lawyer?
No lawyer. I'm freaking out!! AHHHHHHHHHHH This is my last resort pretty much. I'm mostly nervous because we are counting on 245i AND CSPA, both of which are "non traditional" application things, know what I mean? So I don't have a lot of people I can relate to.

I don't remember if you needed CSPA (I think you're under 21?) so that's one less hoop you have to jump through...

I might consult a free immigration lawyer but I know that some just try to scare you into paying them high fees for info that I pretty much know already. I've spend 1.5 million hours researching, no joke! 245i and CSPA seem pretty straightforward to me but what if whoever reads it doesn't get it? What if he's a jerk ? If I get denied I'll be out of so much money AND I'll probably have to move back home. It's nerve-wracking.

Please post once you mail your stuff....
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