I-130 married some over 21

[KDE4789]

Hello,

I have recently applied for the green card through an I-130 form. I sent the form to the Chicago lockbox and received the receipt to say it has been received and paid for on March 7th 2017.

I have checked online to see the processing times whoever under the I-130 section of Chicago lockbox and California service centre it states they are processing forms as of March 2012.

What does this mean though? No forms have been approved since then? Or does it take 6 years to approve? It doesn't explain very clearly. I would have been hoping that it will be processed quicker given that my son is a UK citizen and I am a US citizen.

Any help is much appreciated.

[inadmissible]

Hello,

I have recently applied for the green card through an I-130 form. I sent the form to the Chicago lockbox and received the receipt to say it has been received and paid for on March 7th 2017.

I have checked online to see the processing times whoever under the I-130 section of Chicago lockbox and California service centre it states they are processing forms as of March 2012.

What does this mean though? No forms have been approved since then? Or does it take 6 years to approve? It doesn't explain very clearly. I would have been hopping that it will be processed quicker given that my son is a UK citizen and I am a US citizen.

Any help is much appreciated.

Yes, no third-preference alien relative petitions forms have been processed (apart from receipts being issued) at the California Service Center since March 20th 2012. When it is processed and approved, he still will not be able to immigrate until an immigrant visa becomes available to him. At present, immigrant visas have become available to third-preference (married children over the age of 21) with receipt dates of 2005. Yes, that suggests that it will be quite awhile before his family gets to immigrate here. It could be worse, at least he wasn't born in Mexico or the Philippines. See the current visa bulletin https://travel.state.gov/contenthttp...pril-2017.html

[KDE4789]

Thanks for the info. And wow! That's not the reply I was wanting to hear, I did not realise it would take that long! This could now change his plans. It would be quicker and easier for him to get divorced and re-married later! Hah

So am I correct in saying no-one under the F3 category has been granted a greencard since March 2012?

[newacct]

Hello,

I have recently applied for the green card through an I-130 form. I sent the form to the Chicago lockbox and received the receipt to say it has been received and paid for on March 7th 2017.

I have checked online to see the processing times whoever under the I-130 section of Chicago lockbox and California service centre it states they are processing forms as of March 2012.

What does this mean though? No forms have been approved since then? Or does it take 6 years to approve? It doesn't explain very clearly. I would have been hoping that it will be processed quicker given that my son is a UK citizen and I am a US citizen.

Any help is much appreciated.

To answer your question, the I-130 takes 6 years to approve. But this is a different time than the time you have to wait for. And in fact, the longer the I-130 takes to approve, the better for you it is (I'll get to that later).

The F3 category (married child of US citizen) currently has a wait for visa numbers to become available of about 12 years for people born in most countries (22+ years for people born in Mexico and the Philippines). That means, if the wait times remain the same in the future, you have to wait that many year after the I-130 is filed, before you can proceed to the next step. The petition will be approved in about 6 years, but that by itself doesn't allow you to go to the next step -- there is about 6 more years of wait until a visa number becomes available. So it makes no difference for the wait time whether the petition is approved in 1 day or in 11 years (as long as it isn't longer than the wait for visa numbers) -- in both cases, you still have to wait about 12 years to go to the next step.

I mentioned earlier that it is better the longer it takes for the petition to approve -- it is better for the calculation of whether children age out or not. Under CSPA, the length of time the petition takes to approve is subtracted from the child's age for calculating aging out purposes. So for example, if the I-130 petition takes 1 year to approve, then when a visa number becomes available in 12 years, the children who are (at that time) over 22 will have aged out; however, if the I-130 petition takes 10 year to approve, then when a visa number becomes available in 12 years, only the children who are (at that time) over 31 will have aged out. The longer it takes the petition to approve, the more likely that children will not have aged out (this probably only matters if the immigrant has children who are within say 10 years of aging out).

[KDE4789]

Thank you for getting back to me. I'm struggling the understand the most reed why reply there....
I wasn't aware of a next step after the petition being approved? My understanding was file the I-130 petition, await approval, go to US, await green card.

Is this not correct? Also my child is over 21 and has filed as over 21 so surely he cannot "age out"?

Apologies for me not understanding correctly!

[newacct]

Thank you for getting back to me. I'm struggling the understand the most reed why reply there....
I wasn't aware of a next step after the petition being approved? My understanding was file the I-130 petition, await approval, go to US, await green card.

Umm... you need a US visa to go to the US.

Also my child is over 21 and has filed as over 21 so surely he cannot "age out"?

Your child could have a child.

[KDE4789]

Umm... you need a US visa to go to the US.


Your child could have a child.

Yes, I understand you need a visa to go to the US. My understanding, which has obviously been incorrect was that I filed the I-130 form, upon it being approved, my son would receive his visa to allow him entry to the US, then a green card would be issued.

Secondly, of course my son could have a child but it's my son I have filed the form for, and he is already over 21 so cannot age out of that. He does not have any children so they are non applicable at present. Do you mean if he was to have children between now and the form being approved?

Apologies if this is simple stuff to some but I am finding it really difficult to obtain simple information like this on the websites/forums.

Thanks.

[NettieL]

Yes, I understand you need a visa to go to the US. My understanding, which has obviously been incorrect was that I filed the I-130 form, upon it being approved, my son would receive his visa to allow him entry to the US, then a green card would be issued.

.

https://www.uscis.gov/i-130

"Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply to become a lawful permanent resident."

I-130 approval does not grant a person entry to the US. You will need to follow the next steps in order for him to get his Green Card. I do not have much knowledge about this, I consider this the basics that I am aware of. This site has lots of information: https://travel.state.gov/content/tri...urance/en.html

Good luck. I know it's hard to be separated from your children.

[bethzly]

no hell no

Married daughter

Priority date 03/28/16

RfE march march 7 2017
Approval notice march 15 2017

I just sent my i485 two days ago

[newacct]

Married daughter

Priority date 03/28/16

RfE march march 7 2017
Approval notice march 15 2017

I just sent my i485 two days ago

Married child of US citizen is in the F3 category, which has a wait for visa numbers of around 12 years for people born in most countries (22+ years for people born in Mexico and the Philippines). You are not eligible for AOS or for Consular Processing until a visa number is available. You I-485 will be rejected as you are not eligible. You will not be eligible until around 2028 (assuming you weren't born in Mexico or the Philippines).