three I-130 immigration related questions (CSPA, Marriage, Derivative beneficiary)

G

Griwas

New Member
Hello,

I have three I-130 immigration related questions for which i hope to get an aswer, but first my situation, i will be short as possible.

My aunt who is a US citizen filed a I-130 Visa for my father as the principal beneficiary and his son (me) as the derivative beneficiary. The Visa has been filed in 2004 and approved 2009 but we got the notice to contact uscis and start the "immigration" process in march 2018, i'm now 29 years old.

1) From what i read and understood, i'm still eligible for the I-130 Visa under CSPA even though i'm 29 years old, but i have to be unmarried?

2) Is it possible for me as the derivative beneficiary / as an unmarried son of the principal beneficiary to immigrate into the US and get the green card even though my father does not want immigrate?

3) To get the green card under CSPA i have to be unmarried. Is only a civil registrar legal marriage considered a marriage under the USA law? Meaning can i get married in the church (ceremonial/religious/ non legal marriage) and still be eligible for the green card under cspa?

Thank you in advance,
Griwas
 
If your father is not interested, you cannot continue the processing on your own since you’re a derivative.

Any type of marriage be it religious, ceremonial, or legal disqualifies you as a derivative.
 
Plus, from what I understand of CSPA (admittedly I only know years not exact dates from what you wrote above) you aged out a couple of years ago already. So that’s three strikes. If you want to go to US you’ll definitely need to find another avenue, work visa maybe?
 
If the petition was filed in 2004 and approved in 2009, then it was pending for about 5 years. So under CSPA you would not age out until about age 26. You are way over that, so you have aged out.
 
Thank you all for the responses, but does CSPA not "freeze"my age when the visa was approved? So if it was approved 2009 i would still be considered 20y old if i was born in december 1988? Or does it just deduct the "pending" years from my current age, like you mentioned above so i would be 29-5=24y old?

Thanks in advance
 
Griwas said:
Thank you all for the responses, but does CSPA not "freeze"my age when the visa was approved? So if it was approved 2009 i would still be considered 20y old if i was born in december 1988? Or does it just deduct the "pending" years from my current age, like you mentioned above so i would be 29-5=24y old?

Thanks in advance
Click to expand...

Look up a CSPA calculator and input your actual dates, but it’s just an academic exercise for you really given the other circumstances.
 
Griwas said:
Thank you all for the responses, but does CSPA not "freeze"my age when the visa was approved? So if it was approved 2009 i would still be considered 20y old if i was born in december 1988? Or does it just deduct the "pending" years from my current age, like you mentioned above so i would be 29-5=24y old?

Thanks in advance
Click to expand...
It deducts the pending years from your age. So it's 29-5=24 years old. (Or you can think of it as freezing your age when it was pending, and then it's unfrozen after it was approved and while you are waiting for a visa number, so your age was "frozen" for 5 years and then it was running for the next 9 years.)
 
Sm1smom said:
If your father is not interested, you cannot continue the processing on your own since you’re a derivative.

Any type of marriage be it religious, ceremonial, or legal disqualifies you as a derivative.
Click to expand...
Can you please explain why a religious marriage would disqualify me? Being "married" in a church by a priest who is not an government official does not have any legal consequences, looking from the legal side i'm still unmarried as the government only recognizes a civil marriage.
 
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