Help needed for a friend!

R

RareGold

Registered Users (C)
Dear everyone! I want to help a friend of mine in my homecountry. They are waiting for I-130 to be approved through CP and it seems to be pretty close. The petition is for a married son.

Waiting for the approval, they have family problems, thinking about divorce.
They decided not to divorce before the approval, because this will change the status of the husband ( his father is the US citizen).

My questions are:

1.If they going to be approved, can the husband come to USA with his son, without the wife???
2. Can the wife come to USA later , with the same approved petition? ( I have no idea about this process, what they will receive at the Consulate? The green card itself?)
3. If she won’t come to USA with her family when the I-130 is approved ,I suppose she will never get a B1/B2 visa in the future showing immigrant intent in the past. Is it correct?
4. Does anybody knows how long after the approval they have to leave the homecountry? Is there a time frame?

I appreciate your help, please reply if you have any suggestions in this case.

RareGold
 
Lot of information are missing in your posting.
First assumption:
Married Son of an US Citizen.
If it is true, Is I 130 is approved, if approved what is the priority date.?

If the priority date is current, the son can come without wife.
Father sponserd the son, the wife is just derivative of the son.
RareGold said:
Dear everyone! I want to help a friend of mine in my homecountry. They are waiting for I-130 to be approved through CP and it seems to be pretty close. The petition is for a married son.

Waiting for the approval, they have family problems, thinking about divorce.
They decided not to divorce before the approval, because this will change the status of the husband ( his father is the US citizen).

My questions are:

1.If they going to be approved, can the husband come to USA with his son, without the wife??? YES
2. Can the wife come to USA later , with the same approved petition? ( I have no idea about this process, what they will receive at the Consulate? The green card itself?)
I think they have to come to gether with sealed packets given by the consulate to enter US avoid complications.
3. If she won’t come to USA with her family when the I-130 is approved ,I suppose she will never get a B1/B2 visa in the future showing immigrant intent in the past. Is it correct?
You are 100% correct.

4. Does anybody knows how long after the approval they have to leave the homecountry? Is there a time frame?

I appreciate your help, please reply if you have any suggestions in this case.

RareGold
Click to expand...
 
great guru said:
Lot of information are missing in your posting.
First assumption:
Married Son of an US Citizen.
If it is true, Is I 130 is approved, if approved what is the priority date.?

If the priority date is current, the son can come without wife.
Father sponserd the son, the wife is just derivative of the son.
Click to expand...

Thank you for your reply.
Yes, the petition is for a married son of a US citizen.
As far as I know the priority day is the same as the ND, it was in July 2004 and the Vermont Center is working on cases October, 2005.

So you say that the son sponsered by his father can come with his son but without her wife once the I-130 is approved? And what about the derrivative wife? Is she changes her mind, can she come after a while?

Thanks for further insights.
 
Ask your friend to wait 6 to 12 years to move USA if his PD is July 2004

See, how you are misguiding with your information.

Based on your priority date July 2004 , for FB 3 your friend has to wait atleast 6 to 12 years before he can enter in to USA.
Current date for visa avialability for FB 3 (Family Based Third category) for world wide other than Mexico and Philipine is July 22 , 1998.
You have to see the Visa Bulletein. Just getting I 130 approval does not mean anything, it is a underlying application which qualifies you for a family based immigration only. After that your I 130 approved papers goes to National Visa Center where it is going to hibernate for several years until your PD is current.
If your friend priority date is July 2004, rest assured he can able to enter US not before 2012 period.
RareGold said:
Thank you for your reply.
Yes, the petition is for a married son of a US citizen.
As far as I know the priority day is the same as the ND, it was in July 2004 and the Vermont Center is working on cases October, 2005.

So you say that the son sponsered by his father can come with his son but without her wife once the I-130 is approved? And what about the derrivative wife? Is she changes her mind, can she come after a while?

Thanks for further insights.
Click to expand...
 
Last edited by a moderator:
Thank you for your help. The news are not the good one, I had no ideea about priority dates and other things involved in this.

I will tell to my friends what I learned from you.Thanks again.
 
great guru said:
See, how you are misguiding with your information.

Based on your priority date July 2004 , for FB 3 your friend has to wait atleast 6 to 12 years before he can enter in to USA.
Current date for visa avialability for FB 3 (Family Based Third category) for world wide other than Mexico and Philipine is July 22 , 1998.
You have to see the Visa Bulletein. Just getting I 130 approval does not mean anything, it is a underlying application which qualifies you for a family based immigration only. After that your I 130 approved papers goes to National Visa Center where it is going to hibernate for several years until your PD is current.
If your friend priority date is July 2004, rest assured he can able to enter US not before 2012 period.
Click to expand...


Do you know by any chance where I can see the priority dates for unmarried son/daughter of USC for Philippines?

Thank you.
 
No priority date?

I am back again trying to help my friends.

The new facts of this case are the following.

I asked them to send me a copy of their I-130 ( petition by US citizen for his married son)and looking on it, there is NO PRIORITY DATE ( is empty) the ND is July 28, 2004 ( Vermont).

What's that basically mean?
1. Is this just an error not having PD?
1. When the I-130 is approved they are ready to come in USA? ( Vermont processing november 2005)
2. Do they have to wait for any immigrant visa number to became current?

Thank you all for helping me with your answers.
 
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