Should my brother (citizen) or my mom (resident) petition? - Page 5

Hey guys, my mom also got her greencard and I was wondering if it'd even be worth it to apply through her. I don't qualify for 245 i (missed it by a few months). I'm also 22 (about to turn 23, she got her greencard when I turned 22).

The f2b wait times seem crazy and if I can't naturalize while in the US I'll probably just go somewhere else/marry out anyways. Is it even worth it at this point?

Geez... my mother filed the I130 we got the receipt and it says under review. You saying for the next 5-6 years any beneficiary under this category cannot get married because they will automatically void the petition. So what is the process if this happens? Does USCIS have to be notified to kill the petition and then the spouse has to file a new petition and start from scratch?

Of course. I would have her petition you as soon as she got her Green Card. Just don't get married until you get yours. How did you miss 245i by few months? Were you petitioned in 2001? If you don't qualify for 245i then you need to apply for I-601A waiver and if approved then you go to the country where you are Citizen to appear in the interview process.

My dad's labor certification was filed in 2000 I think, but he wasn't in the country until late 2001, past the deadline. I didn't qualify because of that

I believe I asked our lawyer if my mom could sponsor me but she said it would take a really, really long time and not be worth the money since I didn't have 245i. What do you mean by 'don't get married until you get yours?' Worst case, I was planning on pursuing the marriage route before my EAD expires (I got it renewed, so it's good until 2022). Since I don't have 245i, I wasn't even sure if her sponsoring me would be worth it because of the risk that would be involved with leaving the country. That way, I wouldn't be out of the 500 dollars it takes to file the i130 through my mom.

Do you think it's worth the cost? What are the odds the i601a gets approved? Has anyone here done it before?

My main reasoning is that we should know what things are going to look like in the coming months and I'd rather save the money. If you guys think it's a good idea, though, I can definitely move forward with it. I'm just skeptical of how useful it will be.

the i601a approval seems to be fairly simple if your parents rely on you ie aged parents or disabled etc. i would still send that in just because you never know what route your life takes. 5 or so years will pass by and before you know it, wherever you are in the world then, you have the option of having a green card.

245i candidate had to be here on 12/20/2000 and not left the country. Otherwise, it voids the 245i qualifications. Where were you at that time?

Sure, it may take years but this is your only opportunity today so why not file it as your last resort? What if CIR/DA does not pass in those years?

You can't get married until you have your Green Card under the process of your mother petitioning you. That's the rule. Unless, you happen to marrying a USC spouse.

From what I am seeing online, most apps get approved on I-601A.
There is a I-601A Facebook group on it as well as other sites.

Do you work? If so, maybe work a second job? You have valid EAD with DACA right?

Yeah it does. There are lawyers that specialize in that just. Proving Extreme Hardship is the hardest part but even that I am seeing most get approved. My route took just over 6 years when my mother sponsored me as a USC but I was qualified for 245i so I did it here.

Have her file anyways, at worst you lose the filing fee ($535 right now) if you decide to do something else like sponsorship by work or marry a USC.

He/she cannot marry until at very least the petitioner naturalizes. There is no process, the petition is automatically dead. You can and should let USCIS know that the petition is voided, if you try to be clever NVC will catch on, or worse the consulate abroad will find out and now you're stranded.

That being said, if you can marry a USC it might be worth it to just kill the petition and proceed that way.

Did you guys file the i130 online? What did you put for the questions about duration of stay and when the beneficiary's authorized stay expired? It's also asking for the i94 beneficiary code. I came back to the country on advanced parole in 2010. The i94 says that, but the code is illegible. The i94 doesn't have an expiry date either. Should I just put the end date of my DACA?

Make sure to get it from CBP: https://i94.cbp.dhs.gov/

The date of expiry is "Admit until date" on the page.
The number is the "Admission (I-94) Record Number"

If the online I-130 form is giving you trouble you can always download the PDF, fill it out, print it out, have your sponsor sign it, and include evidence of their status and your relationship to them (for instance if your LPR mother's petitioning you include a copy of her green card and a copy of your birth certificate with translation if the original is not in English).

Keep in mind that you cannot translate your own documents, but any unrelated person that knows English and the language in question can do it, so you don't need a professional translator. I frequently translated documents for USCIS back when I worked at a law office. The translator just need to sign an affidavit that the translation of the document is correct to the best of their knowledge.