I-130 and F1

N

niksraja

Registered Users (C)
hello
I have a big problem I am on a F1 visa and my family pitition has been approved and they send my family invoice about $404 we are four person in the family and besides me all three of get their name in the beneficiary. so i have a question I am over 21 right now bu as per CSPA my age is right now 18 years coz my pitition filed date is 07/2002 and approved notice is 10/2009 and my birthdate is 09/1985. so do i need to go back to india and get my visa with my family or is their any other way to get green card in USA. and one more thing my F1 status is nt good and i had applied to the different university and they gonna send me the new I-20 within 1 week after that F-1 ll be in good standing. so can you please guide me that do i need to stay in USA or go back to india.
thanks
waithing for positive reply
niksraja
 
You will get more questions first to get the right answers.

1. What is your Status now? It sounds like you are out of status now, if you are, Are you on OPT?
2. Who sponsored you? Are you a derivative?
If you are not out of status, you may be able to adjust status in US without going to India.
 
i m not out of status i just completed my course in old university but due to low GPA i need to change my school.
 
No you call NVC that you are in US and will be adjusting status in US, do not pay the IV bill fee for yourself. File a I-485 with the required fee to adjust status in US.
 
Seems like you are a derivative beneficiary.

If you are a derivative, you cannot file the I-485 before your parent takes certain steps, depending on whether they are filing I-485 for themselves or doing consular processing.

If the parent who is the primary files I-485, you can file your I-485 together or after theirs, but not before. If you file it after, you should provide their I-485 receipt with your I-485 application.

But if they are pursuing consular processing, before you file I-485 you have to wait for one of the following (I'm not sure which one):

(1) Your parent files DS-230 for the immigrant visa
(2) Your parent's immigrant visa is approved at the consulate
(3) Your parent enters the US with the immigrant visa
 
Last edited by a moderator:
Jackolantern said:
Seems like you are a derivative beneficiary.

If you are a derivative, you cannot file the I-485 before your parent takes certain steps, depending on whether they are filing I-485 for themselves or doing consular processing.

If the parent who is the primary files I-485, you can file your I-485 together or after theirs, but not before. If you file it after, you should provide their I-485 receipt with your I-485 application.

But if they are pursuing consular processing, before you file I-485 you have to wait for one of the following (I'm not sure which one):

(1) Your parent files DS-230 for the immigrant visa
(2) Your parent's immigrant visa is approved at the consulate
(3) Your parent enters the US with the immigrant visa
Click to expand...

Tried to ask OP earlier if he is a Derivative and did not get a reply, if you are a derivative or do not know the meaning of it, tell us who filed the family based petition.
 
so you mean to say that do i need to call nvc now and say to them i m in us or when my parents get the green card then after i have to call
 
i have a one more question
i dont know what is called the $404 fee invoice.
what ever but they didnt mention my name in that there is my parents name and my brothers name. So do i need to tell them that i am included in the family and how to apply for CSPA during this process? how to add my name in the file? when my aunt filed pitition she already send my birthcertificate with the file.
I have a one more doubt if my parents get visa and greencard does the nvc close the case.
 
Jackolantern said:
Seems like you are a derivative beneficiary.

If you are a derivative, you cannot file the I-485 before your parent takes certain steps, depending on whether they are filing I-485 for themselves or doing consular processing.

If the parent who is the primary files I-485, you can file your I-485 together or after theirs, but not before. If you file it after, you should provide their I-485 receipt with your I-485 application.

But if they are pursuing consular processing, before you file I-485 you have to wait for one of the following (I'm not sure which one):

(1) Your parent files DS-230 for the immigrant visa
(2) Your parent's immigrant visa is approved at the consulate
(3) Your parent enters the US with the immigrant visa
Click to expand...

i dont know whats derivative.
so you mean to say that when my parents get visa and greencard then after i can apply for change of status
 
This situation obviously involved either an F3 married son or daughter of a USC (and that person's spouse and children) OR an F4 sibling of a USC (and that person's spouse and children).

nksraja, was it a grandparent or an aunt or uncle who filed the petition for your parent (mother or father)?

That parent is the PRINCIPAL beneficiary and his/her spouse and unmarried children under 21 are the DERIVATIVE beneficiaries. You have discovered the CSPA that can save a "child" from aging-out of the benefit.

Your parent (mom or dad), as the PRINCIPAL, must apply and qualify for the visa in order for his/her spouse and children to be able to "accompany or follow-to-join" him/her.

Understand now?
 
BigJoe5 said:
This situation obviously involved either an F3 married son or daughter of a USC (and that person's spouse and children) OR an F4 sibling of a USC (and that person's spouse and children).

nksraja, was it a grandparent or an aunt or uncle who filed the petition for your parent (mother or father)?

That parent is the PRINCIPAL beneficiary and his/her spouse and unmarried children under 21 are the DERIVATIVE beneficiaries. You have discovered the CSPA that can save a "child" from aging-out of the benefit.

Your parent (mom or dad), as the PRINCIPAL, must apply and qualify for the visa in order for his/her spouse and children to be able to "accompany or follow-to-join" him/her.

Understand now?
Click to expand...

thanks BigJoe5 i understand as u said. My aunt is USC she filed pitition for my Mom and my dad and my brother is a benificiery of her. this is according to law now as a practical when my parents go to get the visa do i need to go with them? and ask councler abt my situation so he ll give me visa and change my status?
 
niksraja said:
thanks BigJoe5 i understand as u said. My aunt is USC she filed pitition for my Mom and my dad and my brother is a benificiery of her. this is according to law now as a practical when my parents go to get the visa do i need to go with them? and ask councler abt my situation so he ll give me visa and change my status?
Click to expand...

No, you do not have to travel to the consulate. You need to consult a lawyer to prepare your case seperate from mom's. After mom is approved by the consulate you may be able to file an I-485. Check with a lawyer about the precise timing for your filing and also about CSPA eligibility. You need to present a solid case up front in order to avoid delays or erroneous denial by an inexperienced USCIS adjudicator.
 
You must log in or register to reply here.
Top