Foreign chargeability and Priority date

[sheckster]

Hi folks,

Please point me if discussed previously.

Notice of Approval arrived with Priority date of June 2006 (category F3)

I'm an Australian Citizen born in the Philippines and foreign chargeability statement says I will be charged against the numerical limit of the Philippines. (my parents are from Phillipines and now naturalised US citizens, they're the ones who petitioned me)

Does this also mean that the priority date is also based on the what's current in Visa bulletin for the Philippines (current is May 1992 for my category)?

The Approval Notice also says that NVC will forward my case to the proper consulate, will NVC send this to the consulate in the Phillipines based on the aforementioned foreign chargeability? it'll be a bit of an issue for me if they send it there as I now live in Australia (for the past 10 yrs).

thanks for any input

 

[Jackolantern]

Chargeability is based on country of birth, not country of citizenship. However, if your spouse is immigrating with you through the same F3 petition and was born in a different country than you, you can request cross-chargeability to have them use your spouse's country instead of your own.

When the I-130 was filed, did your parents list your Australian address? And did they request a consulate in Australia in the section where it asks for the desired consulate? If yes, NVC should forward the case to a consulate in Australia. If not, you'll need to file I-824 to have them transfer it to an Australian consulate. You'll have to include evidence that you are a citizen of Australia.

 

[sheckster]

Chargeability is based on country of birth, not country of citizenship. However, if your spouse is immigrating with you through the same F3 petition and was born in a different country than you, you can request cross-chargeability to have them use your spouse's country instead of your own.

When the I-130 was filed, did your parents list your Australian address? And did they request a consulate in Australia in the section where it asks for the desired consulate? If yes, NVC should forward the case to a consulate in Australia. If not, you'll need to file I-824 to have them transfer it to an Australian consulate. You'll have to include evidence that you are a citizen of Australia.

Thanks for the response. Yes, I'm aware of chargeability based on birth, as I mentioned this on my post. My wife is also an Australian citizen but born in the Philippines too so no option for cross-chargeability.

My question is whether foreign state chargeability and priority dates go hand in hand,

i.e.
Since I'm "charged" to the numeric limit of the Philippines do I also go by the current processing date of the Phillipines for F3 category (Family 3rd preference), which is May 1992?

That brings me to my next question, if NVC sends my case to the Australian consulate, will the Australian consulate work on the case based on the May 1992 visa bulletin (for the Phillipines), and if so, the what is the point of sending it over to the Australian consulate?

 

[Jackolantern]

Since I'm "charged" to the numeric limit of the Philippines do I also go by the current processing date of the Phillipines for F3 category (Family 3rd preference), which is May 1992?

Yes, you'll have to wait until they reach June 2006 in that category.

That brings me to my next question, if NVC sends my case to the Australian consulate, will the Australian consulate work on the case based on the May 1992 visa bulletin (for the Phillipines), and if so, the what is the point of sending it over to the Australian consulate?

I'm not sure if NVC will forward it now and have it sit idle at the consulate for years, or if NVC will hold on to it until they approach your priority date. But it doesn't really make a difference; either way you still have to wait several years before the consulate is going to take action on your case.

 

[sheckster]

I'm not sure if NVC will forward it now and have it sit idle at the consulate for years, or if NVC will hold on to it until they approach your priority date. But it doesn't really make a difference; either way you still have to wait several years before the consulate is going to take action on your case.

Thanks again. validates my understanding of the case. Just not sure of the role of the Australian consulate in this instance.

 

[Jackolantern]

The Australian consulate will review your case ahead of the interview, perform the interview, and make the decision. It's just that it will be a very long time before they get around to doing that for your case.

 

[sheckster]

The Australian consulate will review your case ahead of the interview, perform the interview, and make the decision. It's just that it will be a very long time before they get around to doing that for your case.

Thanks again. Apologies, I know what the Australian consulate will do, it's just as you mentioned initially, when the Australian consulate receive my case, they'll have to put it in the back burner for a little while and hopefully they'll remember to pull it out 15 or so years later

Probably off-topic, will I encounter any trouble if I travel to the US now that we've received approval for I-130? I've been travelling every 2 years to the US so to visit my family using my Australian passport, I'm just wondering if they'll stop me at POE if it comes up at immigration that I've got a pending application (albeit not for 15 yrs)