Sisters daughter

R

Rohail2004

New Member
I have applied for my sister under F4 category. Her daughter is now over 21 but unmarried. Would my sister's daughter will be eligible for GC if she gets married before my sister I130 gets approved?
Thanks
 
No. She would not be eligible if she marries at any point before she enters the US on an immigrant visa.
And hard to tell without any relevant dates to calculate CSPA but she may well have aged out anyway.
 
You’d need CSPA calculations to be absolutely certain but if she’s already 24 and the petition isn’t even approved yet yes most likely she would not qualify. When was the petition filed?
 
It was filed in 2008 and not approved yet? Are you absolutely sure? I ask because my recollection (I also had a petition filed for me in 2008) was that they did not take that long, couple of years or a few years, to approve back then. Anyway the good news is that if it is in fact correct that the petition has not yet been approved, the daughter has about 13 years of CSPA protection and therefore would actually still easily be eligible for a visa (which will probably become available sometime in the next couple of years) as long as she remains unmarried.

Just to clarify that by “approval” here I mean USCIS sending a notice that the petition has been approved and forwarded to NVC - not that they are at the visa issue stage. (Some people get confused about what “approval” actually means for an i130.)
 
Yes. Petition was approved and sent to NVC, but since then no community from them. I check application status frequently on UCSIS site and the last update was done back in 2010. Also, when do they make progress in my application, would they notify me in the USA as well? Would they approve the application status online as well? I'm assuming YES to both answers, but wanted to confirm. Because I heard folks who applied in 2010 got the visa interview but my family hasn't. Thanks
 
Ok so it was actually approved. When? The time between filing and approval date is subtracted from her actual age to get a CSPA age. The CSPA age needs to be under 21 when the priority date is current for her to be eligible for a visa. If the approval was done in 2010 (as I suspect, given you say that was the last update) then she only had around 2 years protection under CSPA and has already aged out. What is the last update on the USCIS case status page?

No sibling visas for cases filed in 2010 can have been issued. For most countries, sibling visas are only available for cases filed before 8 Feb 2007; for India it is for cases filed before 15 August 2005 and even much earlier for Mexico and Philippines. See table A, the last line here https://travel.state.gov/content/tr...ulletin/2021/visa-bulletin-for-july-2021.html

You will not get any further communication until the case is ready for documents filing and fees paid - for this you need to reference table B in the above document. When the date for F4 in that table is after your filing date, they will contact you to get the case ready - usually this would be around 6 months to a year before a visa is actually available as per table A.
 
Thank you for your thorough response. I have one more question. How do I change the "Applicant address"? I only see an option to change my address, but doesn't see an option to change my siblings address overseas. Thanks
 
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