lyndilou

Can anybody clarify for me the process we need to file the I-130. My son has his application in for citizenship., he lives inMichigan so the Detroit Centre I guess! When that is confirmed etc he will apply for us (My husband and I) to join him, starting with the I-130 but because he lives in the US does he have to file there or can it go through DCF at the London Embassy. I am not sure which route it is. It appears the Vermont Centre has quite a backlog- maybe up to a year! Can he apply whilst awaiting his citizenship and then adjust the status when he gets it? Would that make it any quicker or would it complicate it? If we have to wait for a year after he gets the citizenship (maybe DEC/Jan ) then the time it takes to process the rest fo the paperwork here it means we could be looking at 2years time before we can emigrate? Have I got this right or can someone tell me anything please? Sorry to be a vague or gormless!

Noorah101

Hi,

Your son cannot submit the I-130 until after he becomes a USC. That means until after he attends the oath ceremony and receives his certificate of citizenship, not just after his interview.

He lives in the USA, so he must file the I-130 at the service center having jurisdiction over where he lives, in the USA. I've never heard of an I-130 being filed for a parent via DCF, but even if it were possible, your son would have to be living in the UK under some kind of permanent status for at least 6 months in order to file in London.

When your son becomes a USC and files the I-130 on your behalf, a visa number is immediately available to you, which means you only have to wait as long as it takes for the process to happen, which seems to be around 8 to 10 months, maybe a year. Not the two or longer you are predicting.

However, if your son is just now submitting his application for citizenship, then yes...it might take a year for HIM to become a USC, so he can file the I-130...and then up to another year for you to get your Immigrant Visa. So if you're counting that time, then yes....you might have a couple of years of waiting ahead of you. But unfortunately, he is not eligible to file your I-130 until he becomes a USC.

Best Wishes,
Rene

Tracym

Sorry, can't answer all your questions - but he would have to file in the US, you can't do DCF.

I believe he can go ahead and file while he's a permanent resident, then upgrade the petition when he becomes a citizen.

I presume it will take a little while - he has to wait for his citizenship, and then you have to wait for your I-130 to be processed - 2 years is certainly possible, depending upon when he applied for citizenship.

Detroit huh? Well Michigan is a big and lovely state.

Tracym

I thought Mr. F was saying go ahead and file as a permanent resident - then upgrade it when he gets citizenship, the place in the queue is preserved?

Noorah101

This is incorrect. Only USC's can file an I-130 for a parent. That's one of the benefits of an alien becoming a USC...they can then bring their parents over.

A PR can file an I-130 for a spouse, and then upgrade the petition when they become a USC.

Rene

Tracym

OK, I was mistaken - thanks for clearing that up

lyndilou

thank you very much, I get it now, he has only just filed being as how my DH was dithering about it! Men dont you love 'em. Anyhow if somethings worth having its worth waiting for!