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I 130 filing date unmarried under 21, clarification needed for filing date

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by tkbbw, Apr 10, 2012.

  1. tkbbw

    tkbbw Registered Users (C)

    Hello all,
    Can someone please clarify when USC is filing for I 130 for unmarried under 21 child, what is considered filing date?
    I know I am at the wire, he turns 21 this June but I thought as long as it was filed before he turned 21, it would "freeze" age.
    I have all necessary papers, etc. ready to go.
    Lawyer says no way thats going to happen, has to be approved by then?
    I dont get it..I thought once it went in and stamped as received it was good.
    Anyone experience this?
    thank you
  2. BigJoe5

    BigJoe5 Registered Users (C)

    The filing date is the date upon which the I-130 is actually received and accepted by the USCIS Lockbox. It must be signed and have the correct fee and the the check cannot bounce or the date is lost until actual payment is received.

    CSPA does afford protection. It is generally explained here: http://www.uscis.gov/portal/site/us...toid=10409fed09eb9110VgnVCM1000004718190aRCRD
  3. tkbbw

    tkbbw Registered Users (C)

    Thanks Big Joe but based on the reply to my other post I can forget that happening.
    I will be lucky if I ever get them here. I came here to create a future for my sons, missed watching them grow up for nothing.
    Last edited by a moderator: Apr 15, 2012
  4. tkbbw

    tkbbw Registered Users (C)

    Follow up question

    OK, going for it Big Joe! USC petitioner am assembling I 130 for my son who is turning 21 June 3. I am planning to send it Express mail, with a cover letter indicating he is aging out.
    Does anyone know how long it take USCIS to consider this petition filed? It is at this point I understand that the age freezes. ( please say yes!) Is there anything I can put on envelope to indicate he is aging out?
    Should I pay by money order so maybe it will be filed quicker?? (no waiting for check to clear)
    Any other advice appreciated.
    Thanks again!
    Last edited by a moderator: Apr 15, 2012
  5. Jackolantern

    Jackolantern Registered Users (C)

    Because you are a US citizen, if the I-130 is properly filed before he turns 21 he is automatically protected from aging out as long as he files the relevant paperwork with the US consulate within a year after the I-130 is approved. They don't need to approve it before he turns 21 in order for him to maintain eligibility, and mentioning his aging out in the letter won't make a difference to their processing, as there is no reason for them to process it any quicker than anybody else's.

    They normally will send you a receipt notice within 2-3 weeks after receiving the application, and that receipt is official acknowledgement that the I-130 been filed.
  6. tkbbw

    tkbbw Registered Users (C)

    follow up

    Thanks Jackolantern! I am sending it out and was just concerned it would'nt be filed before June 3, not concerned about the processing.
    I want to thank you again for being such a big help to me in going ahead and filing for my son. If it wernt for you and others on this board, I would've done nothing and would've ended up waiting for years to get him here.
    Great people on this board to devote their time and knowledge to help us.
    Thanks again and will keep you posted!
  7. BigJoe5

    BigJoe5 Registered Users (C)

    Include the G-1145 and you will get e-mail/text upon completion of data entry/preliminary processing.

    P.S. Ordinary snail mail only takes 3 days on average in the U.S. and you have a month and a half.
  8. tkbbw

    tkbbw Registered Users (C)

    I 130 approval for son

    Wanted to thank everyone who encouraged and assisted me through the process of filing for my unmarried son who turned 21 in June. I filed very close to the deadline and in two months I have received an approval! No RFE requests, clean, went right through. Those who responded to my issues will remember I was advised by an attorney not to bother that I was too close to his 21 birthday. Onto the DS 230!
    Timeline is as follows:

    USC Oath ceremony : January 2011
    I 130 sent for unmarried son : April 19 2012 (Express mail)
    NOA 1 : April 21, 2012
    NOA 2 : June 19, 2012 (Vermont)

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