US citizen parents sponsoring over 21 son..

I recently acquired United States Citizenship by naturalization. Earlier I had petitioned as an LPR –priority date: 23rd April 2001 for my adult unmarried son which will be upgraded now because of my citizenship and become current under FB1. My son is also being sponsored by his employer, 90% of which is complete, only I485 remains as its PD is not yet current.
Meanwhile Is it possible to file another I-1485 and the whole package again in family category even if one has an employment based petition with a valid EAD and AP (till end 2009), medicals and FP done. I met an immigration officer by infopass and they said one can do it but there are some people who are getting RFEs on second set of applications, specially for EAD and AP if they have valid ones on file. Do you think they consolidate all the petitions if someone has more than one petition going on. Can anyone please throw some light on this?

Just now in Visa bulletin EB 3 is unavailable.

So I think you should go ahead and file everything on FB1 category.
You can ask Uscis whether you should file new one I 485or you can transfer the existing I 485 to the Family visa category.
I think you can always talk to UScis IO . YOU are a citizen now. Nag them!Clarify before sending anythng.
As your son,s priority date is current they might call him for the interview and ask him to withdraw EB case.
As fer As i know they keep all files together .
YOUr case is unique. Very few people have two petition going together .
I have similar case in my family but it is little different from yours.
Best of luck.
 
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I was wondering if some one received any letter from NVC.
I still have not heard from the NVC. It is clear now that our PDs will be current within 6 months. I consulted a lawyer at this point and she said that even when the file is at the NVC I should file to chicago lockbox and then they will request my file from the NVC. The file will not get transferred to the embassy in your country without completed affidavit of support and choice of agent form, so I wouldn't worry about it. So basically wait for the PD to become current and then file for adjustment. Hopefully that will be the end of story sometime in 2009!!!
 
I still have not heard from the NVC. It is clear now that our PDs will be current within 6 months. I consulted a lawyer at this point and she said that even when the file is at the NVC I should file to chicago lockbox and then they will request my file from the NVC. The file will not get transferred to the embassy in your country without completed affidavit of support and choice of agent form, so I wouldn't worry about it. So basically wait for the PD to become current and then file for adjustment. Hopefully that will be the end of story sometime in 2009!!!
thanks mermaid, keep us updated if you receive any letter.
 
GC for daughter over 21 years of age

I have interesting question for my friends Aunt named X. X's brother in USA filed I-130 for her back in 1989 being a US citizen. X's kids were all included in the petition. in year 2000 all of them got visa except her elder daughter named XX because she was married at that time and over 21 years of age.
No X is citizen. Can she file for XX being a citizen. Can she hook up old PD for her that she didnt get because she was over age and married.
Will this petition will be considered as a new petition or can be hooked up to old petition so that she can get the visa early.
Thanks in advance for your answer.
 
your Aunt X can apply for the daughter XX in F3 category( sooner the better to avoid to be at the end of the line)) and request them to keep the earlier priority date.Write a letter to them explaining the situation and provide them the proof.
BUt I think there is 99.99..% possibility of not retaining the earlier priority date.
You can approach immigration Lawyer for .01% hope of retention of the earlier priority date.
They may help your Aunt X ( USC) to retain earlier priority date for her daughter.
There are many legal cases going on with USCIS regarding age out children and keeping of old priority date.
You can research on line for more information.

I am sure there are more knowledgeable/experienced people in this forum who went through similar situation can provide more information.
best of luck

"No defeat is final until you stop trying".I like this quote.
Above said things are my opinion only.
 
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Hi guys.. I was just a little worried but coming to this website has really cleared some of my thoughts. well i got married in November and i filed my case in feb. I filed for an adjustment of status and a work authorization document and my husband sent an I 130 petition for me. i got my receipts frm the govt 2 weeks later and my fingerprinting notice a week later. I went for my biometrics last week. how long do u think its going to take for me to get my work authorization?
 
I still have not heard from the NVC. It is clear now that our PDs will be current within 6 months. I consulted a lawyer at this point and she said that even when the file is at the NVC I should file to chicago lockbox and then they will request my file from the NVC. The file will not get transferred to the embassy in your country without completed affidavit of support and choice of agent form, so I wouldn't worry about it. So basically wait for the PD to become current and then file for adjustment. Hopefully that will be the end of story sometime in 2009!!!

Hi Marmaid, I have been visiting this site very often, specially this one, posted by Ultron and I Love it! Specially hearing good news from Ultron and others.. Hope our waiting in line come soon!:)
My question I have petitioned for my children over 21 and unmarried and the are in F1, our PD is March 2003. Why did you say that your PD November, 2002 will come currrent in 6 months since May bulletin is October 22, 2002? We are talking here 1 month apart in your case if bulletin comes forward another month? Or something I dont understand? Are you living here or doing through consulate? Why Im asking because in our case my children are going trough consulate where they live and it may be different than most cases I have read in here? I called NVC last week to ask them when to expect first packages to arrive like affidavit of support and choice of agent? A lady I spoke to told me they dont have time frame, but as soon as your PD coming current, we will send you. And she asked for mine and my sons e-mail addresses, so they will infom us first when they start our case and sending documents. She did not tell me to file anything yet! Maybe you need to call NVC and find out?
And Marmaid I throught our PD is going to be current in 6 monts time, of course thinking positively 1 month ahead in each visa bulletin!:):confused:
 
Why did you say that your PD November, 2002 will come currrent in 6 months since May bulletin is October 22, 2002? We are talking here 1 month apart in your case if bulletin comes forward another month? Or something I dont understand? Are you living here or doing through consulate?
And Marmaid I throught our PD is going to be current in 6 monts time, of course thinking positively 1 month ahead in each visa bulletin!:):confused:

Hi, you are right, in the best case scenario it will take two more months for my PD to be current in July bulletin. Now it is at September 22, 2002. Let's stay positive here and who knows, maybe it will continue to progress at one month per month speed... I tend to be cautiously optimistic though, that's why I said within 6 months.
Good luck!!
 
Hi everyone, I am through with this long process. Successful interview on March 24. Interview was very easy, only 3 questions asked. Good luck to all who are waiting. I will still drop by to support you guys..........Thanks to everyone for their support. You guys are the best................God bless.
 
Congratulations! Do you mind posting the questions that were asked during the interview, I am sure it's not top secret information.:rolleyes:

Thanks for not abandoning us, poor souls still waiting. I feel that this thread is quickly losing its members to the great world of freedom!

Hi everyone, I am through with this long process. Successful interview on March 24. Interview was very easy, only 3 questions asked. Good luck to all who are waiting. I will still drop by to support you guys..........Thanks to everyone for their support. You guys are the best................God bless.
 
Congratulations! Do you mind posting the questions that were asked during the interview, I am sure it's not top secret information.:rolleyes:

Thanks for not abandoning us, poor souls still waiting. I feel that this thread is quickly losing its members to the great world of freedom!

thanks mermaid!

They are simple questions:

First. Hand in documents etc.

Interview:
1. How old are you?

2. Who is filing for you?

3. Is your father and mother married?

then "Congrats you have being approved"


Not even 3 minutes.

Waited almost 7 years for a 3 minute interview, but I am happy it is over. Remember that DREADFUL April 22, 2001 date we keep seeing for almost 2 years......

All those that are waiting, just keep hanging on and trust God...

Mermaid you time is coming fast...your freedom is near.

I will not abandon this forum.

Take care.
 
Congratulations to all whose PD had become current and thanks for sharing your timelines.

I have no further update at this point. Last June I received the choice of agent form though I indicated in I-130 that I would be doing AOS. I hoped my PD would be current in March(9 months after issuance of the choice of agent form) but it's not the case at all.

After all checking this thread from time to time has become an indispensable part of my life, while patiently waiting for the PD to become current.

---------------------
Category: Family 1st
PD: 10/15/2002
 
Hang in there, the wait is almost over. Next bulletin comes out within the next couple of weeks and I dare to predict that you PD will be current.

Good luck!

Congratulations to all whose PD had become current and thanks for sharing your timelines.

I have no further update at this point. Last June I received the choice of agent form though I indicated in I-130 that I would be doing AOS. I hoped my PD would be current in March(9 months after issuance of the choice of agent form) but it's not the case at all.

After all checking this thread from time to time has become an indispensable part of my life, while patiently waiting for the PD to become current.

---------------------
Category: Family 1st
PD: 10/15/2002
 
I am in a somewhat unique situation. I have two petitions that are running concurrently.

1) Employment petition. EB2 (rest of the world chargeability). I-140 approved on 4/20/09, received EAD in a week after submitting application, biometrics scheduled on 5/20/09. H1-b expiring 5/17/09 did not apply for extension (relying only on EAD).

vs.

2) Family petition (US citizen applying for unmarried child over 21). My priority date will most likely be current when they update visa bulletin on 5/8/09.

Questions:

Should I abandon employment petition and go with family petition even though employment petition is moving somewhat fast. Lawyer advice was that sending two I-485 from two different petitions might confuse USCIS and suggested I go with either one. Which one should be faster in the long run? I am current under both.

Case 1: If I abandon employment petition, I would have to take a break from work until family EAD comes in, since employment EAD would be invalidated with employment petition withdrawal. Employment based EAD came in quickly but I may have just been lucky!

Case 2: Ignore family petition and just not submit I-485/I-765/I-131 combo when my family PD becomes current on 5/8/02.

Anyone that can shine some light on this?

Greatly appreciated!
 
Folks, can someone share the INTERVIEW EXPERIENCE for FB1, please??? What documents to take, what questions are asked?

All I could find was experience for spouse of USC. :confused:
 
I just got layoff today. And now I am desperate in looking for some suggestions.

Here is my situation; I applied my immigration processes through Employment base (EB2) with a master degree and Family base (FB1) as unmarried adult son.

On the Employment base (EB2) side, I got the I-140 approved last year but still waiting for the priority day to file I-485. And because of the layoff, this process will be terminated immediately.
On the Family base (FB1) side, it was filed in Sep. 2003. and the priority day now is Nov.2002. I guess it may be about half a year to get it current. So I can file my I-485.

So my questions are:
1. I am thinking to transfer my H1B to F1 (full time student) visa. Would it be a problem for the time I am filing I-458?. (because some said that the I-140 shows the intend of immigrant, but the I-20 is non-immigrant Visa)
2. beside keep looking for job in this tough economic time, what alternatives I can do?
3. what if I go back to my home country to wait for the priority day become to current ? Would it be more trouble in doing that?

I appreciate for any suggestions!
 
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