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I-130 - again !! Question for Sylvia.

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I-130 - again !! Question for Sylvia.

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Old Jan 13th 2004, 7:01 pm
  #1  
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Default I-130 - again !! Question for Sylvia.

Thanks for your input on the other thread. I just wondered if you could confirm something for me.

My brother filed the I-130 in March 03 (not 02 as I thought originally) and I beleive it takes 2 years for them to even look at the form, it went through Nebraska office.

Once this has been looked at what procedure takes place right down to being allowed to live/work/green card in the US ? Is it a case of more forms, fees etc for 12 years ???

I presume that entry also relates to my family, wife and two kids also ?

Sorry to have to ask but I find it all a bit confusing !!

Thanks for taking the time out to answer,

Benny Boy
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Old Jan 14th 2004, 6:45 am
  #2  
Sylvia Ottemoeller
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Default Re: I-130 - again !! Question for Sylvia.

"Benny Boy" <member9344@british_expats.com> wrote in message
news:[email protected]...

    > Thanks for your input on the other thread. I just wondered if you could
    > confirm something for me.

    > My brother filed the I-130 in March 03 (not 02 as I thought originally)
    > and I beleive it takes 2 years for them to even look at the form, it
    > went through Nebraska office.

    > Once this has been looked at what procedure takes place right down to
    > being allowed to live/work/green card in the US ?

When the petition is approved, the approved petition is sent to the National
Visa Center. I believe it sits in storage at the National Visa Center for
the next 10 years or so, until a time which is a few months before the NVC
expects that the priority date will be current and immigrant visas will be
available in the category.

Then NVC send the beneficiary a packet of instructions and forms. The
beneficiary (and dependents, for 4th preference) sends applications to
either NVC or the consular post (the system is in transition right now).
Then NVC or the consular post sends the beneficiary a packet of instructions
and forms, with notification of the interview appointment. The beneficiary
and family appear at the interview (which is scheduled about 3 or 4 months
after the NVC first sends out the application forms, assuming the priority
date is current by that time), and if all goes well, receive immigrant
visas. They become permanent residents upon entry to the U.S.

If the beneficiaries happened to be in the U.S. in valid temporary status
which does not require temporary intent, like H-1B and H-4 dependent of
H-1B, there is an alternative. Rather than responding to the NVC
application forms and arranging for consular immigrant visa processing, they
can file Forms I-485 when the priority date has become current. They will
then spend another 2 or 3 years waiting for the I-485 approval.

Is it a case of more
    > forms, fees etc for 12 years ???

From the point of view of the beneficiary and family, nothing happens until
the 12-year waiting time is almost over. The mere approval of the I-130
does not cause anything to happen to the beneficiaries, nor does it provide
any benefits whatsoever, for many years.

    > I presume that entry also relates to my family, wife and two kids also ?

I'm not sure what you mean by entry.
 
Old Jan 14th 2004, 7:56 pm
  #3  
Just Joined
Thread Starter
 
Joined: Mar 2003
Location: London, England
Posts: 15
Benny Boy is an unknown quantity at this point
Default Re: I-130 - again !! Question for Sylvia.

[Thanks very much Sylvia. You do a good job here ! I just meant 'entry to US, obtaining the same status as myself'. Sorry, I didnt word that one very well.
Basically, I've got a long wait at the end of the day !

Thanks for your reply,

Benny

QUOTE]Originally posted by Sylvia Ottemoeller
"Benny Boy" <member9344@british_expats.com> wrote in message
news:[email protected]...

    > Thanks for your input on the other thread. I just wondered if you could
    > confirm something for me.

    > My brother filed the I-130 in March 03 (not 02 as I thought originally)
    > and I beleive it takes 2 years for them to even look at the form, it
    > went through Nebraska office.

    > Once this has been looked at what procedure takes place right down to
    > being allowed to live/work/green card in the US ?

When the petition is approved, the approved petition is sent to the National
Visa Center. I believe it sits in storage at the National Visa Center for
the next 10 years or so, until a time which is a few months before the NVC
expects that the priority date will be current and immigrant visas will be
available in the category.

Then NVC send the beneficiary a packet of instructions and forms. The
beneficiary (and dependents, for 4th preference) sends applications to
either NVC or the consular post (the system is in transition right now).
Then NVC or the consular post sends the beneficiary a packet of instructions
and forms, with notification of the interview appointment. The beneficiary
and family appear at the interview (which is scheduled about 3 or 4 months
after the NVC first sends out the application forms, assuming the priority
date is current by that time), and if all goes well, receive immigrant
visas. They become permanent residents upon entry to the U.S.

If the beneficiaries happened to be in the U.S. in valid temporary status
which does not require temporary intent, like H-1B and H-4 dependent of
H-1B, there is an alternative. Rather than responding to the NVC
application forms and arranging for consular immigrant visa processing, they
can file Forms I-485 when the priority date has become current. They will
then spend another 2 or 3 years waiting for the I-485 approval.

Is it a case of more
    > forms, fees etc for 12 years ???

From the point of view of the beneficiary and family, nothing happens until
the 12-year waiting time is almost over. The mere approval of the I-130
does not cause anything to happen to the beneficiaries, nor does it provide
any benefits whatsoever, for many years.

    > I presume that entry also relates to my family, wife and two kids also ?

I'm not sure what you mean by entry. [/QUOTE]
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