Clarification on AGE-OUT for child of a sibling sponsored under FB-4

[drsingh]

I-130 Filed: May 31, 2003
Receipt #: WAC-03-190-xxxxx
USCIS Priority Date: June 4, 2003
Last RFE on I-130 satisfied: December, 2009

Consular Post: New DElhi
NVC Case #: NWD2010-753-xxx
Agent designated and IV Fees paid: November, 2016
I-864 completed and IV fees paid: January, 2017
All civil docs submitted: February 13, 2017 (50 pages)
Documents received by the NVC: February 15, 2017

The NVC page says it takes 2-4 weeks to process the affidavit of support and civil documents after they receive. A child beneficiary would reach age 21 at the end of June, 2017.

-- What is the average time they take to schedule the visa interview at embassy?
-- How far in future do they schedule it?
-- What can we do to make sure that the visa interview completes by April/May, so that she can travel to the US in June, 2017?
-- Any ways to request an extension, in case the visa interview does not complete by the end of June?
-- Can we schedule the medical exam, and the visa application center exam (biometrics) in Delhi, before NVC schedules the embassy interview, to expedite the process?
-- Any other ways to expedite the process?

[aju_14]

I-130 Filed: May 31, 2003
Receipt #: WAC-03-190-xxxxx
USCIS Priority Date: June 4, 2003
Last RFE on I-130 satisfied: December, 2009

Consular Post: New DElhi
NVC Case #: NWD2010-753-xxx
Agent designated and IV Fees paid: November, 2016
I-864 completed and IV fees paid: January, 2017
All civil docs submitted: February 13, 2017 (50 pages)
Documents received by the NVC: February 15, 2017

The NVC page says it takes 2-4 weeks to process the affidavit of support and civil documents after they receive. A child beneficiary would reach age 21 at the end of June, 2017.

-- What is the average time they take to schedule the visa interview at embassy?
-- How far in future do they schedule it?
-- What can we do to make sure that the visa interview completes by April/May, so that she can travel to the US in June, 2017?
-- Any ways to request an extension, in case the visa interview does not complete by the end of June?
-- Can we schedule the medical exam, and the visa application center exam (biometrics) in Delhi, before NVC schedules the embassy interview, to expedite the process?
-- Any other ways to expedite the process?

Hope your interview is over by now.
Sorry for late reply

[newacct]

Since the I-130 was pending for several years, the child will not age out for several years after 21 under CSPA. You did not say when the I-130 was approved, so it is not possible to say the exact age they will age out at, but let's say for example, the I-130 took 7 years to be approved, then the child will not age out until 28. Since they are not even 21, they are still a long way away from aging out.

[drsingh]

Since the I-130 was pending for several years, the child will not age out for several years after 21 under CSPA. You did not say when the I-130 was approved, so it is not possible to say the exact age they will age out at, but let's say for example, the I-130 took 7 years to be approved, then the child will not age out until 28. Since they are not even 21, they are still a long way away from aging out.

Hi newacct,

Thank you for the explanation.

The I-130 was approved circa 2009 (the last of the RFEs were closed back then). So, the I130 has been pending 14 years since initial filing, and about 8 years since the last RFE. At this point, the case is still pending with NVC. Visa date has been current, all the supporting documents were filed 3 months back, medical and biomettrics have been done, but embassy appointment date is still not known.

The child would be legally 21 at the end of June. We are hoping that NVC finishes the case before that. But even if it is delayed, from your note above, it seems like the person will not age out.

- - - Updated - - -

Hope your interview is over by now.
Sorry for late reply

Nope, the interview is not yet over. It is not even scheduled.

At this point, the case is still pending with NVC. Visa date has been current, all the supporting documents were filed 3 months back, medical and biomettrics have been done, but embassy appointment date is still not known.

[newacct]

Hi newacct,

Thank you for the explanation.

The I-130 was approved circa 2009 (the last of the RFEs were closed back then). So, the I130 has been pending 14 years since initial filing, and about 8 years since the last RFE. At this point, the case is still pending with NVC. Visa date has been current, all the supporting documents were filed 3 months back, medical and biomettrics have been done, but embassy appointment date is still not known.

No. If it is approved, then it is not pending anymore. It was only pending for about 6 years (2003-2009). That means children do not age out until about 27; the particular child you mentioned should be fine.