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I-130 Confusion!

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Old Feb 8th 2009, 12:17 pm
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Default I-130 Confusion!

Help please,

I'm an unmarried son over the age 21 of a US citizen.

I received this email a in the spring:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On May 22, 2008, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.



Now as I understand it, I am in the F1 family immigration category, which is unmarried sons and daughters of US citizens. And this category is allotted 23,400 visas a year.

My priority date, the date that we filed the application is January 2003.

Currently, visas are available for F1 with priority date July 8, 2002.

Am I right in thinking that I will have access to a visa within the next 12 months? Based on the NVC processing about 3 weeks worth of applications every month.

What happens then? I am guessing paperwork is sent my way, and what is an expected timeline from there? I felt that I read somewhere that the NVC sends you all the paperwork 6 months out from your visa approval date so that your documentation is in line when you application receives a visa number. Am I right in thinking this?

I apologise in advance if this information is already on the board.

Help me pls!
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Old Feb 8th 2009, 1:12 pm
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Default Re: I-130 Confusion!

Originally Posted by cdnabroad
Help please,

I'm an unmarried son over the age 21 of a US citizen.

I received this email a in the spring:

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On May 22, 2008, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.



Now as I understand it, I am in the F1 family immigration category, which is unmarried sons and daughters of US citizens. And this category is allotted 23,400 visas a year.

My priority date, the date that we filed the application is January 2003.

Currently, visas are available for F1 with priority date July 8, 2002.

Am I right in thinking that I will have access to a visa within the next 12 months? Based on the NVC processing about 3 weeks worth of applications every month.

What happens then? I am guessing paperwork is sent my way, and what is an expected timeline from there? I felt that I read somewhere that the NVC sends you all the paperwork 6 months out from your visa approval date so that your documentation is in line when you application receives a visa number. Am I right in thinking this?

I apologise in advance if this information is already on the board.

Help me pls!
Hi:

Sigh. You don't give enough information to evaluate your question. You may want to check to see if your case is at NVC.

How old were you in January 2003? You don't say. Was the petitioning parent a US citzen when the petition was filed or a green card holder.

These questions are addressed to possible CSPA eligiblity. You may have had five years taken off your age for visa classification purposes -- but we don't know.

Also, it is not really possible to accurately extrapolate how long it will take for the priority date to reach you. I will tell you that NVC starts to get active on a case when THEY think it is less than a year.
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Old Feb 8th 2009, 8:19 pm
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Default Re: I-130 Confusion!

Firstly, thank you for taking the time to message me back.

My case is indeed at the NVC.

I was 25 years old at the time my I-130 was filled out. At the time my Father was a green card holder, but is now a US Citizen and has been for over a year.

In terms of CSPA eligibility, I was over 21 when my Father filed, so I don't fall into CPSA category.

Seeing as the US Department of State/NVC is processing applications from the F1 category with a priority date of July 2002, I thought my number would be up. . . (as my priority date is January 2003) sooner versus later, am I right, or totally misled?

I am not too concern with an exact date as to when the visa number will come available. But am more so looking for a ball park estimate.

Let me know your thoughts!

Last edited by cdnabroad; Feb 8th 2009 at 9:05 pm. Reason: spelling, grammer and flow
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Old Feb 9th 2009, 1:01 am
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Default Re: I-130 Confusion!

Originally Posted by cdnabroad
I thought my number would be up. . . (as my priority date is January 2003) sooner versus later, am I right, or totally misled?
Unfortunately, time lines are not necessarily linear... and you do not know the single most important, limiting factor in all of this... you have no idea how many applications are still ahead of yours. They may get to yours fairly quickly, or it might be another 3 years. To be honest though, I think it'll be less than 2 years... but I'm truly just guessing.

Ian
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Old Feb 9th 2009, 2:04 am
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Default Re: I-130 Confusion!

Originally Posted by cdnabroad
Firstly, thank you for taking the time to message me back.

My case is indeed at the NVC.

I was 25 years old at the time my I-130 was filled out. At the time my Father was a green card holder, but is now a US Citizen and has been for over a year.

In terms of CSPA eligibility, I was over 21 when my Father filed, so I don't fall into CPSA category.

Seeing as the US Department of State/NVC is processing applications from the F1 category with a priority date of July 2002, I thought my number would be up. . . (as my priority date is January 2003) sooner versus later, am I right, or totally misled?

I am not too concern with an exact date as to when the visa number will come available. But am more so looking for a ball park estimate.

Let me know your thoughts!
Hi:

OK, you do have a January 2003 priority date.

Also, you misstate what the Department of State is now "processing." The Visa Bulletin sets forth the visa cut-off date. To do the FINAL interview, your date must be before the cut-off date. NVC processes things in ADVANCE of that date and with a little luck, you get an immigrant visa the very month you come current.

[Note to others -- it is different on adjustments within the United States -- you can't begin the process until you are current].
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