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  • Family based Immigration

    I am USC since 1998 and had sponsored my son for permanent immigration. I-130 was received in Vermont Service Center on Feb. 08, 2001 and on that day my son was still under 21 years of age. His petition was approved under 1st catagory
    . I petitioned to the State Department and his category was changed to ER under Child Status Protection Act in 2003. His Visa Fee Bill was also sent to me under ER category but later again State Department changed his category to Ist Category.
    My younger son is here and is also US citizen. He had sponsored his mother (my ex-wife) and he went to India for her interview. Her interview was in January, 2006 and my both sons had visited US Consulate in Delhi several times to submit documents etc. My Ex-wife got her Immigrant Visa.
    I was divorced in India in August 1990 and thereafter I came her and since then I am here in the United States. I had married again here in the USA in 1993 and we got divorce in 2004.
    My US wife had also sponsored my both sons. The younger one came to USA in 1996 and elder stayed in India as his case for put under Administrative Processing. In 2001, we had received letter from State Department with an investigative report from New Delhi and asked for comments, as the investigator had mentioned that I and my first wife were never divorced and I had visited India 3 - 4 times a year continuously. Which was totally against fact. After arriving in USA in 1990, I had just visited India one time in 1995 and our divorced was through Court. I and my wife here submitted our affidavits with copy of my complete Passport as well as copy of Divorce in India. There after in 2002, my son was again called for interview and they demanded some documents. By that time, I and my US wife had already split and divorce was filed in the court.
    As such, I sponsored my son myself by filing I-130.
    Anyway, my son was called for interview on Feb. 14, 2006 by U.S.Consulate in new Delhi.
    My son was interviewed by the same Consul, who had interviewed his mother 2 - 3 weeks ago. He told my son that your father and brother are there in USA and your mother got Immigrant Visa last month, now you are also planning to immigrate to USA. Consul mentioned that he will not issue Visa to my son and have put his file in Administrative Processing.
    In almost 16 years I have just visited India two times and Consulate still suspects that we are not divorced.
    Since my Ex-wife is coming next week, my younger son has already moved out and have rented an apartment for himself and his mother.
    Any feedback will be appreciate, how I should proceed to speed up the processing so my son can come here. He is 26 years old and still single.
    Umesh Passi

  • #2
    I am USC since 1998 and had sponsored my son for permanent immigration. I-130 was received in Vermont Service Center on Feb. 08, 2001 and on that day my son was still under 21 years of age. His petition was approved under 1st catagory
    . I petitioned to the State Department and his category was changed to ER under Child Status Protection Act in 2003. His Visa Fee Bill was also sent to me under ER category but later again State Department changed his category to Ist Category.
    My younger son is here and is also US citizen. He had sponsored his mother (my ex-wife) and he went to India for her interview. Her interview was in January, 2006 and my both sons had visited US Consulate in Delhi several times to submit documents etc. My Ex-wife got her Immigrant Visa.
    I was divorced in India in August 1990 and thereafter I came her and since then I am here in the United States. I had married again here in the USA in 1993 and we got divorce in 2004.
    My US wife had also sponsored my both sons. The younger one came to USA in 1996 and elder stayed in India as his case for put under Administrative Processing. In 2001, we had received letter from State Department with an investigative report from New Delhi and asked for comments, as the investigator had mentioned that I and my first wife were never divorced and I had visited India 3 - 4 times a year continuously. Which was totally against fact. After arriving in USA in 1990, I had just visited India one time in 1995 and our divorced was through Court. I and my wife here submitted our affidavits with copy of my complete Passport as well as copy of Divorce in India. There after in 2002, my son was again called for interview and they demanded some documents. By that time, I and my US wife had already split and divorce was filed in the court.
    As such, I sponsored my son myself by filing I-130.
    Anyway, my son was called for interview on Feb. 14, 2006 by U.S.Consulate in new Delhi.
    My son was interviewed by the same Consul, who had interviewed his mother 2 - 3 weeks ago. He told my son that your father and brother are there in USA and your mother got Immigrant Visa last month, now you are also planning to immigrate to USA. Consul mentioned that he will not issue Visa to my son and have put his file in Administrative Processing.
    In almost 16 years I have just visited India two times and Consulate still suspects that we are not divorced.
    Since my Ex-wife is coming next week, my younger son has already moved out and have rented an apartment for himself and his mother.
    Any feedback will be appreciate, how I should proceed to speed up the processing so my son can come here. He is 26 years old and still single.
    Umesh Passi

    Comment


    • #3
      A lot of info and helpful posters HERE:

      http://boards.immigrationportal.com/...splay.php?f=39

      Good Luck,
      IE

      Comment


      • #4
        Thanks for your input.
        God bless you.
        Umesh Passi

        Comment


        • #5
          Anybody experienced such situation, please give me feed back.

          Comment


          • #6
            You are welcome, Umesh.

            Comment


            • #7
              Holy.... never thought I'll saw Umesh back in this board.

              Comment


              • #8
                Thanks, I am back and you will see me too often.

                Comment


                • #9
                  Any comments or feedup shall be highly appreciated.
                  Umesh Passi

                  Comment


                  • #10
                    I think I saw your post in www.immigration.com too

                    Need more feedup?

                    Comment


                    • #11
                      Some of the looped info you gave seems unnecessary in asking your question, I wonder why you had to go through it all.

                      Since your wife sponsored your sons and you are divorced, it appears that the sponsorship is not valid and you will have to do it yourself as a US citizen who has an adult child.

                      Your son is unmarried but an adult ie over 21.

                      Your son is not an immediate relative of a US citizen and will have to wait for a green card.

                      Go ahead and file for him since you are a US citizen and he will wait to get his green card based on the timelines by the state dept.

                      See http://uscis.gov/graphics/services/r...m#anchor156900

                      Preference Categories

                      The relative you wish to immigrate must obtain an immigrant visa number that is based on the preference category in which they fall.

                      People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. Click here for information on obtaining an immigrant visa number if you are an immediate relative of a U.S. citizen. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:


                      First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

                      Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

                      Third Preference: Married sons and daughters of U.S. citizens.

                      Fourth Preference: Brothers and sisters of adult U.S. citizens.

                      Comment


                      • #12
                        http://boards.immigrationportal.com/...d.php?t=207515

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