Parent's 10 yrs PR
Oct 18th 2003, 7:52 pm
#1
Guest
Posts: n/a
Parent's 10 yrs PR
Dad has 10 years permanent residency - never need to send I-751.
But his son's I-751 is pending for 18 months and counting. Their
service area is CSC - according to the CSC processing time, his I-751
processing is slower.
Their residency(temp & perm) is based on marriage to US spouse.
Does the fact that Dad has permanent residency with no condition help
get his son's I-751 approved?
Thank you.
But his son's I-751 is pending for 18 months and counting. Their
service area is CSC - according to the CSC processing time, his I-751
processing is slower.
Their residency(temp & perm) is based on marriage to US spouse.
Does the fact that Dad has permanent residency with no condition help
get his son's I-751 approved?
Thank you.
Oct 19th 2003, 5:51 am
#2
Guest
Posts: n/a
Re: Parent's 10 yrs PR
[email protected] wrote:
> Dad has 10 years permanent residency - never need to send I-751.
> But his son's I-751 is pending for 18 months and counting. Their
> service area is CSC - according to the CSC processing time, his I-751
> processing is slower.
>
> Their residency(temp & perm) is based on marriage to US spouse.
>
> Does the fact that Dad has permanent residency with no condition help
> get his son's I-751 approved?
>
Why does the son have conditional residency?
How did he get resident status in the first place?
How old is the son?
> Dad has 10 years permanent residency - never need to send I-751.
> But his son's I-751 is pending for 18 months and counting. Their
> service area is CSC - according to the CSC processing time, his I-751
> processing is slower.
>
> Their residency(temp & perm) is based on marriage to US spouse.
>
> Does the fact that Dad has permanent residency with no condition help
> get his son's I-751 approved?
>
Why does the son have conditional residency?
How did he get resident status in the first place?
How old is the son?
Oct 19th 2003, 4:27 pm
#3
Guest
Posts: n/a
Re: Parent's 10 yrs PR
> Why does the son have conditional residency?
> How did he get resident status in the first place?
Conditional Residency card was issued to him as soon as he arrived in
the USA. He was almost 12 years old at that time. I-130 family based.
> How old is the son?
Today he is 15 years old.
No idea when the decision will be made but wondering if Dad's 10 yrs
residency helps in getting the decision in his son's(or their) favor.
No reason is seen for his son to go thru the I-751 interview or any
other scrutiny.
> How did he get resident status in the first place?
Conditional Residency card was issued to him as soon as he arrived in
the USA. He was almost 12 years old at that time. I-130 family based.
> How old is the son?
Today he is 15 years old.
No idea when the decision will be made but wondering if Dad's 10 yrs
residency helps in getting the decision in his son's(or their) favor.
No reason is seen for his son to go thru the I-751 interview or any
other scrutiny.
Oct 19th 2003, 8:16 pm
#4
Guest
Posts: n/a
Re: Parent's 10 yrs PR
[email protected] wrote:
>>Why does the son have conditional residency?
>>How did he get resident status in the first place?
>
>
> Conditional Residency card was issued to him as soon as he arrived in
> the USA. He was almost 12 years old at that time. I-130 family based.
>
> > How old is the son?
> Today he is 15 years old.
>
> No idea when the decision will be made but wondering if Dad's 10 yrs
> residency helps in getting the decision in his son's(or their) favor.
>
> No reason is seen for his son to go thru the I-751 interview or any
> other scrutiny.
I think I might understand, but I want to clarify.
Did the father ever have 2 year status?
If not, then the son shouldn't either, unless the father's status didn't
come from marriage to a citizen, but the son's did.
When the son got the visa, was it based on a petition from the
stepmother? How long were the father and stepmother married at the time
the son got the visa?
>>Why does the son have conditional residency?
>>How did he get resident status in the first place?
>
>
> Conditional Residency card was issued to him as soon as he arrived in
> the USA. He was almost 12 years old at that time. I-130 family based.
>
> > How old is the son?
> Today he is 15 years old.
>
> No idea when the decision will be made but wondering if Dad's 10 yrs
> residency helps in getting the decision in his son's(or their) favor.
>
> No reason is seen for his son to go thru the I-751 interview or any
> other scrutiny.
I think I might understand, but I want to clarify.
Did the father ever have 2 year status?
If not, then the son shouldn't either, unless the father's status didn't
come from marriage to a citizen, but the son's did.
When the son got the visa, was it based on a petition from the
stepmother? How long were the father and stepmother married at the time
the son got the visa?
Oct 21st 2003, 5:11 am
#5
Guest
Posts: n/a
Re: Parent's 10 yrs PR
> Did the father ever have 2 year status?
> If not, then the son shouldn't either, unless the father's status didn't
> come from marriage to a citizen, but the son's did.
The permanent status was issued to the father after their 2 years of
marriage. That is, he never had conditional residency.
> When the son got the visa, was it based on a petition from the
> stepmother? How long were the father and stepmother married at the time
> the son got the visa?
Yes, it was based on the petition from the stepmother. Visa was given
at his arrival in USA after about one month of his father's marriage
to US spouse. One more month later, the conditional green card was
sent to the son.
Did they waste $$ on the son's I-751 since the father never had a
conditional GC, therefore; the son should not have the temp GC?
> If not, then the son shouldn't either, unless the father's status didn't
> come from marriage to a citizen, but the son's did.
The permanent status was issued to the father after their 2 years of
marriage. That is, he never had conditional residency.
> When the son got the visa, was it based on a petition from the
> stepmother? How long were the father and stepmother married at the time
> the son got the visa?
Yes, it was based on the petition from the stepmother. Visa was given
at his arrival in USA after about one month of his father's marriage
to US spouse. One more month later, the conditional green card was
sent to the son.
Did they waste $$ on the son's I-751 since the father never had a
conditional GC, therefore; the son should not have the temp GC?
Oct 21st 2003, 5:25 am
#6
Guest
Posts: n/a
Re: Parent's 10 yrs PR
[email protected] wrote:
>>Did the father ever have 2 year status?
>>If not, then the son shouldn't either, unless the father's status didn't
>>come from marriage to a citizen, but the son's did.
>
>
> The permanent status was issued to the father after their 2 years of
> marriage. That is, he never had conditional residency.
>
>
>
>>When the son got the visa, was it based on a petition from the
>>stepmother? How long were the father and stepmother married at the time
>>the son got the visa?
>
>
> Yes, it was based on the petition from the stepmother. Visa was given
> at his arrival in USA after about one month of his father's marriage
> to US spouse. One more month later, the conditional green card was
> sent to the son.
>
> Did they waste $$ on the son's I-751 since the father never had a
> conditional GC, therefore; the son should not have the temp GC?
I am still confused. Are you saying the son got the green card before
the father, and some how the child got CR status two months after the
marriage, and only one month after entry? How did the child manage to do
this?
>>Did the father ever have 2 year status?
>>If not, then the son shouldn't either, unless the father's status didn't
>>come from marriage to a citizen, but the son's did.
>
>
> The permanent status was issued to the father after their 2 years of
> marriage. That is, he never had conditional residency.
>
>
>
>>When the son got the visa, was it based on a petition from the
>>stepmother? How long were the father and stepmother married at the time
>>the son got the visa?
>
>
> Yes, it was based on the petition from the stepmother. Visa was given
> at his arrival in USA after about one month of his father's marriage
> to US spouse. One more month later, the conditional green card was
> sent to the son.
>
> Did they waste $$ on the son's I-751 since the father never had a
> conditional GC, therefore; the son should not have the temp GC?
I am still confused. Are you saying the son got the green card before
the father, and some how the child got CR status two months after the
marriage, and only one month after entry? How did the child manage to do
this?
Oct 21st 2003, 8:46 am
#7
Guest
Posts: n/a
Re: Parent's 10 yrs PR
On Tue, 21 Oct 2003 05:25:58 +0000, mrtravel wrote:
> [email protected] wrote:
>
>>>Did the father ever have 2 year status? If not, then the son shouldn't
>>>either, unless the father's status didn't come from marriage to a
>>>citizen, but the son's did.
>>
>>
>> The permanent status was issued to the father after their 2 years of
>> marriage. That is, he never had conditional residency.
>>
>>
>>
>>>When the son got the visa, was it based on a petition from the
>>>stepmother? How long were the father and stepmother married at the time
>>>the son got the visa?
>>
>>
>> Yes, it was based on the petition from the stepmother. Visa was given
>> at his arrival in USA after about one month of his father's marriage to
>> US spouse. One more month later, the conditional green card was sent to
>> the son.
>>
>> Did they waste $$ on the son's I-751 since the father never had a
>> conditional GC, therefore; the son should not have the temp GC?
>
> I am still confused. Are you saying the son got the green card before
> the father, and some how the child got CR status two months after the
> marriage, and only one month after entry? How did the child manage to do
> this?
That could have happened, for instance, if the son was outside the US but
the father was in the USA. In that case, the son would get an immigrant
visa, and the father would file for adjustment of status. The son could
get the immigrant visa independently of his father because it would be
sponsored by the stepmother, not by his father. He actually got CR status
immediately upon entry (not one month later - that's just when his plastic
card arrived).
For the immigrant visa to be ready that quickly after the marriage, there
would have to be something special, though. Either DCF for the son, or,
more likely, that the stepmother adopted the son first.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> [email protected] wrote:
>
>>>Did the father ever have 2 year status? If not, then the son shouldn't
>>>either, unless the father's status didn't come from marriage to a
>>>citizen, but the son's did.
>>
>>
>> The permanent status was issued to the father after their 2 years of
>> marriage. That is, he never had conditional residency.
>>
>>
>>
>>>When the son got the visa, was it based on a petition from the
>>>stepmother? How long were the father and stepmother married at the time
>>>the son got the visa?
>>
>>
>> Yes, it was based on the petition from the stepmother. Visa was given
>> at his arrival in USA after about one month of his father's marriage to
>> US spouse. One more month later, the conditional green card was sent to
>> the son.
>>
>> Did they waste $$ on the son's I-751 since the father never had a
>> conditional GC, therefore; the son should not have the temp GC?
>
> I am still confused. Are you saying the son got the green card before
> the father, and some how the child got CR status two months after the
> marriage, and only one month after entry? How did the child manage to do
> this?
That could have happened, for instance, if the son was outside the US but
the father was in the USA. In that case, the son would get an immigrant
visa, and the father would file for adjustment of status. The son could
get the immigrant visa independently of his father because it would be
sponsored by the stepmother, not by his father. He actually got CR status
immediately upon entry (not one month later - that's just when his plastic
card arrived).
For the immigrant visa to be ready that quickly after the marriage, there
would have to be something special, though. Either DCF for the son, or,
more likely, that the stepmother adopted the son first.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Oct 21st 2003, 4:58 pm
#8
Guest
Posts: n/a
Re: Parent's 10 yrs PR
"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news
[email protected]...
> On Tue, 21 Oct 2003 05:25:58 +0000, mrtravel wrote:
> > [email protected] wrote:
> >
> >>>Did the father ever have 2 year status? If not, then the son shouldn't
> >>>either, unless the father's status didn't come from marriage to a
> >>>citizen, but the son's did.
> >> The permanent status was issued to the father after their 2 years of
> >> marriage. That is, he never had conditional residency.
> >>>When the son got the visa, was it based on a petition from the
> >>>stepmother? How long were the father and stepmother married at the time
> >>>the son got the visa?
> >> Yes, it was based on the petition from the stepmother. Visa was given
> >> at his arrival in USA after about one month of his father's marriage to
> >> US spouse. One more month later, the conditional green card was sent to
> >> the son.
> >>
> >> Did they waste $$ on the son's I-751 since the father never had a
> >> conditional GC, therefore; the son should not have the temp GC?
> >
> > I am still confused. Are you saying the son got the green card before
> > the father, and some how the child got CR status two months after the
> > marriage, and only one month after entry? How did the child manage to do
> > this?
> That could have happened, for instance, if the son was outside the US but
> the father was in the USA. In that case, the son would get an immigrant
> visa, and the father would file for adjustment of status. The son could
> get the immigrant visa independently of his father because it would be
> sponsored by the stepmother, not by his father. He actually got CR status
> immediately upon entry (not one month later - that's just when his plastic
> card arrived).
> For the immigrant visa to be ready that quickly after the marriage, there
> would have to be something special, though. Either DCF for the son, or,
> more likely, that the stepmother adopted the son first.
For a stepchild relationship to be counted as "child" for immigration
purposes, adoption is not necessary. All that is necessary is for the
marriage which created the stepchild relationship to have occurred before
the child reached 18 years of age.
news
[email protected]...> On Tue, 21 Oct 2003 05:25:58 +0000, mrtravel wrote:
> > [email protected] wrote:
> >
> >>>Did the father ever have 2 year status? If not, then the son shouldn't
> >>>either, unless the father's status didn't come from marriage to a
> >>>citizen, but the son's did.
> >> The permanent status was issued to the father after their 2 years of
> >> marriage. That is, he never had conditional residency.
> >>>When the son got the visa, was it based on a petition from the
> >>>stepmother? How long were the father and stepmother married at the time
> >>>the son got the visa?
> >> Yes, it was based on the petition from the stepmother. Visa was given
> >> at his arrival in USA after about one month of his father's marriage to
> >> US spouse. One more month later, the conditional green card was sent to
> >> the son.
> >>
> >> Did they waste $$ on the son's I-751 since the father never had a
> >> conditional GC, therefore; the son should not have the temp GC?
> >
> > I am still confused. Are you saying the son got the green card before
> > the father, and some how the child got CR status two months after the
> > marriage, and only one month after entry? How did the child manage to do
> > this?
> That could have happened, for instance, if the son was outside the US but
> the father was in the USA. In that case, the son would get an immigrant
> visa, and the father would file for adjustment of status. The son could
> get the immigrant visa independently of his father because it would be
> sponsored by the stepmother, not by his father. He actually got CR status
> immediately upon entry (not one month later - that's just when his plastic
> card arrived).
> For the immigrant visa to be ready that quickly after the marriage, there
> would have to be something special, though. Either DCF for the son, or,
> more likely, that the stepmother adopted the son first.
For a stepchild relationship to be counted as "child" for immigration
purposes, adoption is not necessary. All that is necessary is for the
marriage which created the stepchild relationship to have occurred before
the child reached 18 years of age.
Nov 2nd 2003, 5:00 pm
#9
Guest
Posts: n/a
Re: Parent's 10 yrs PR
His child still does not get his I-751 approved, it has been 19 months
now whereas CSC I-751 processing takes 11 months.
No legal adoption occurred in this family. His stepmother went to the
US embassy in their home country to get his son's paperwork done. I
think it was the part of the reason for the quick GC
processing(conditional one) plus his father was living in the states
some years prior to his son's arrival.
If his son's GC is independent of his father's and his father who has
10 years GC files a divorce, how will it affect his son's I-751?
now whereas CSC I-751 processing takes 11 months.
No legal adoption occurred in this family. His stepmother went to the
US embassy in their home country to get his son's paperwork done. I
think it was the part of the reason for the quick GC
processing(conditional one) plus his father was living in the states
some years prior to his son's arrival.
If his son's GC is independent of his father's and his father who has
10 years GC files a divorce, how will it affect his son's I-751?
Nov 2nd 2003, 5:30 pm
#10
Guest
Posts: n/a
Re: Parent's 10 yrs PR
[email protected] wrote:
> His child still does not get his I-751 approved, it has been 19 months
> now whereas CSC I-751 processing takes 11 months.
>
> No legal adoption occurred in this family. His stepmother went to the
> US embassy in their home country to get his son's paperwork done. I
> think it was the part of the reason for the quick GC
> processing(conditional one) plus his father was living in the states
> some years prior to his son's arrival.
>
> If his son's GC is independent of his father's and his father who has
> 10 years GC files a divorce, how will it affect his son's I-751?
That would be an question he should be asking an attorney.
However, it doesn't seem like should be any different than if the spouse
was waiting for the I-751 to be approvedd.
> His child still does not get his I-751 approved, it has been 19 months
> now whereas CSC I-751 processing takes 11 months.
>
> No legal adoption occurred in this family. His stepmother went to the
> US embassy in their home country to get his son's paperwork done. I
> think it was the part of the reason for the quick GC
> processing(conditional one) plus his father was living in the states
> some years prior to his son's arrival.
>
> If his son's GC is independent of his father's and his father who has
> 10 years GC files a divorce, how will it affect his son's I-751?
That would be an question he should be asking an attorney.
However, it doesn't seem like should be any different than if the spouse
was waiting for the I-751 to be approvedd.
