I-130 information

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Old Feb 23rd 2021, 11:07 am
  #16  
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Default Re: I-130 information

The 18-20 month timeframe is pretty unlikely to happen. Even if he did look at a student visa, he'd have to string several statuses together (think going from a student visa to a work visa) in order to be in the US for as long as you would need for him to get to the processing of either of the ones mentioned above without spending at least some time outside of the US.

It does not seem likely to me.
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Old Feb 23rd 2021, 5:36 pm
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Default Re: I-130 information

Originally Posted by SpookieJr
what alternative ways are there available that we can look into?
The time frame I’m hoping for is 18-20 months.
Thanks for helping us
Unfortunately, it is difficult to predict how long a particular petition can take to become current.

It is a common error for people to extrapolate future processing from the vis cutoff dates. For example, the March 2021 F2B cutoff is 22July2015. All this is saying is that people who filed nearly six years ago will be eligible for visa issuance next month. This is NOT the same as saying it will take six years for a petition filed today to come current. It can be shorter or it can become longer.

It should be noted that COVID has put a huge crimp on visa issuance and concomitant usage of visa numbers. I surmise this has affected the visa bulletin.

As an analogy, lawyers are taught that, in drafting wills, the “speaks” as of the date of death. So, clients will provide their desires and the lawyer will have to add “what if” questions.

About the only thing that is certain is that there should be no delay in filing.

Another point to consider, what happens if son wants to marry? The automatic revocation or conversion provisions must be considered.

Over my four decades of practice, I had seen many “only if” situations. I see one here already - if step mom had filed before junior had turned 21. It is not uncommon for student to obtain immigrant status in US followed by return abroad to complete studies. That is allowed.

Also, there is no mention of junior’s place of birth.
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Old Feb 24th 2021, 1:13 am
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Default Re: I-130 information

Originally Posted by S Folinsky
Unfortunately, it is difficult to predict how long a particular petition can take to become current.

It is a common error for people to extrapolate future processing from the vis cutoff dates. For example, the March 2021 F2B cutoff is 22July2015. All this is saying is that people who filed nearly six years ago will be eligible for visa issuance next month. This is NOT the same as saying it will take six years for a petition filed today to come current. It can be shorter or it can become longer.

It should be noted that COVID has put a huge crimp on visa issuance and concomitant usage of visa numbers. I surmise this has affected the visa bulletin.

As an analogy, lawyers are taught that, in drafting wills, the “speaks” as of the date of death. So, clients will provide their desires and the lawyer will have to add “what if” questions.

About the only thing that is certain is that there should be no delay in filing.

Another point to consider, what happens if son wants to marry? The automatic revocation or conversion provisions must be considered.

Over my four decades of practice, I had seen many “only if” situations. I see one here already - if step mom had filed before junior had turned 21. It is not uncommon for student to obtain immigrant status in US followed by return abroad to complete studies. That is allowed.

Also, there is no mention of junior’s place of birth.
hi, I have a couple questions.
1) given the possible length of time this would take I haven’t ruled out the possibility of progressing my personal life such as marriage and family. If the I-130 is already submitted what would I have to do to rectify the situation if I were to settle down?
2) what do you mean by a visa application becoming current?
Also I should mention that I was born, and still live, in the United Kingdom. I’m studying a 4 year Masters in Mathematics degree here in the UK.
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Old Feb 24th 2021, 4:00 am
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Default Re: I-130 information

Originally Posted by SpookieJr
I’m studying a 4 year Masters in Mathematics degree here in the UK.
FOUR year Masters? Is that part-time?

If you are planning to settle in the US long-term, I would recommend pursuing your graduate studies in the US. It's not all sky-high fees, especially when it comes to grad school. There are many ways to make it work, with scholarships, assistantships, etc.

A student visa would not only get you into the country quickly, but the qualification would help you start to establish a life here. Also, some of the best graduate math programs in the world are in the US, plus a large number of really good ones (it's not just the icing on top). So it would be a substantial "pro" on the career side as well. I hear that many places are even dropping the dreaded GRE requirement, which cuts some of the hassle of applying.
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Old Feb 24th 2021, 4:57 am
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Default Re: I-130 information

Originally Posted by SpookieJr
hi, I have a couple questions.
1) given the possible length of time this would take I haven’t ruled out the possibility of progressing my personal life such as marriage and family. If the I-130 is already submitted what would I have to do to rectify the situation if I were to settle down?
.

Where did this suddenly come from? Are you intending to quickly find an American to marry?

You're not completing your degree until August 2022 are you ...?
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Old Feb 24th 2021, 8:43 am
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Default Re: I-130 information

Originally Posted by SpookieJr
hi, I have a couple questions.
1) given the possible length of time this would take I haven’t ruled out the possibility of progressing my personal life such as marriage and family. If the I-130 is already submitted what would I have to do to rectify the situation if I were to settle down?
2) what do you mean by a visa application becoming current?
Also I should mention that I was born, and still live, in the United Kingdom. I’m studying a 4 year Masters in Mathematics degree here in the UK.
If you were married, then there is no visa category for you. If you got married, and your father was a USC by then, there would be a visa category, but the wait time is even longer as you'd move in to the third preference category (currently processing apps from July 2008, so a 13 year wait). So essentially, don't get married!

By 'becoming current' it essentially means that you get to the front of the queue and a visa number becomes available for you. You need to keep an eye on the visa bulletin (https://travel.state.gov/content/tra...uary-2021.html), as you can see from this, for your category (F2B) they are current processing apps from July 2015 - but as said above, that queue could get shorter or longer, it's really only to give you an idea.


Last edited by christmasoompa; Feb 24th 2021 at 8:52 am.
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Old Feb 24th 2021, 8:51 am
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Default Re: I-130 information

Originally Posted by SanDiegogirl
Where did this suddenly come from? Are you intending to quickly find an American to marry?

You're not completing your degree until August 2022 are you ...?
no I’m not trying to quickly find an American to marry. I was just talking about the case where this process takes 5-7 years, unfortunately on such a big time frame life may get in the way and the possibility of settling down outside of the US is a possibility that cannot be ruled out.
and yes I’m completing my degree in August 2022.
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Old Feb 24th 2021, 10:46 am
  #23  
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Default Re: I-130 information

unfortunately on such a big time frame life may get in the way and the possibility of settling down outside of the US is a possibility that cannot be ruled out.
If you do, you may rule out moving to the US for decades. The wait times are only getting longer. I am not advocating for 'putting your life on hold' but the visa realities are what they are.
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Old Feb 24th 2021, 12:32 pm
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Default Re: I-130 information

Originally Posted by retzie
FOUR year Masters? Is that part-time?
I assume this a standard UK combined BSc and MSc undergraduate degree where you end up with a masters at the end. It's 4 years total not a undergrad + 4 years.
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Old Feb 24th 2021, 1:31 pm
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Default Re: I-130 information

Bidens Immigration proposals include a V visa that would allow you to come and wait and work until your PD is current.

Whether tit will pass in another issue.
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Old Feb 24th 2021, 3:35 pm
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Default Re: I-130 information

Originally Posted by retzie
FOUR year Masters? Is that part-time?

If you are planning to settle in the US long-term, I would recommend pursuing your graduate studies in the US. It's not all sky-high fees, especially when it comes to grad school. There are many ways to make it work, with scholarships, assistantships, etc.

A student visa would not only get you into the country quickly, but the qualification would help you start to establish a life here. Also, some of the best graduate math programs in the world are in the US, plus a large number of really good ones (it's not just the icing on top). So it would be a substantial "pro" on the career side as well. I hear that many places are even dropping the dreaded GRE requirement, which cuts some of the hassle of applying.
hi, no sorry I should have been clearer, the course I’m on is a 4 year MMath undergraduate course, the typical length of a bachelors degree here is 3 years so me doing an extra year gives me a masters degree instead.
The main issue regarding studying in the United States is the fees involved. Myself and my family are unable to pay for the prices that the universities put on their degrees. I’m unsure about funding options because each university is different.
What is the GRE requirement?
Many thanks
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Old Feb 24th 2021, 3:36 pm
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Default Re: I-130 information

Originally Posted by postbox134
I assume this a standard UK combined BSc and MSc undergraduate degree where you end up with a masters at the end. It's 4 years total not a undergrad + 4 years.
hi, yes that’s exactly right, it’s a 4 year undergraduate degree from which I would obtain a MMath qualification.
many thanks
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Old Feb 24th 2021, 4:28 pm
  #28  
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Default Re: I-130 information

Google is your friend:

Graduate schools often require students to take admission tests. The GRE (Graduate Record Exam) is the most commonly required test. ... It is possible to find a high quality distance learning program that does not require the GRE or a related admission test.

Online Master's Programs No GRE: Schools That Waive Entry Exams

and

"For top grad schools, competitive applicants are scoring in the highest percentiles (90th or better) on the verbal and quantitative sections and scoring 5-6 on the analytical writing section," she wrote in an email.Jul 16, 2018

What Is a Good GRE Score for Graduate School Admissions ...

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Old Feb 24th 2021, 10:00 pm
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Default Re: I-130 information

Originally Posted by S Folinsky
Unfortunately, it is difficult to predict how long a particular petition can take to become current.

It is a common error for people to extrapolate future processing from the vis cutoff dates. For example, the March 2021 F2B cutoff is 22July2015. All this is saying is that people who filed nearly six years ago will be eligible for visa issuance next month. This is NOT the same as saying it will take six years for a petition filed today to come current. It can be shorter or it can become longer.

It should be noted that COVID has put a huge crimp on visa issuance and concomitant usage of visa numbers. I surmise this has affected the visa bulletin.

As an analogy, lawyers are taught that, in drafting wills, the “speaks” as of the date of death. So, clients will provide their desires and the lawyer will have to add “what if” questions.

About the only thing that is certain is that there should be no delay in filing.

Another point to consider, what happens if son wants to marry? The automatic revocation or conversion provisions must be considered.

Over my four decades of practice, I had seen many “only if” situations. I see one here already - if step mom had filed before junior had turned 21. It is not uncommon for student to obtain immigrant status in US followed by return abroad to complete studies. That is allowed.

Also, there is no mention of junior’s place of birth.
could you give me more details regarding the I-817 form? Am I eligible to have that one submitted as well?
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Old Feb 24th 2021, 10:31 pm
  #30  
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Default Re: I-130 information

Please note that although Mr. Folinsky is an attorney, he is not your attorney nor does it answer questions from these forums privately or publicly.

As I noted earlier, Google is your friend. Here is the link to the page regarding I=817

https://www.uscis.gov/i-817

I feel that taking his advice, either yourself or your father and stepmother should have an one time consultation with a well versed immigration attorney specializing in family/relative visas.
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