I-130 Approved, "Post decision activity" case status

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carbs

Registered Users (C)
Hi everyone,
My father filed an I-130 petition on my behalf back in fall of 2009. I had some questions of visa waiting times, because some of the language on the immigration websites I read through confused me. My father, a US citizen, filed for me before my 21st birthday, so I was counted as an unmarried child under 21. Now this is where the language confused me. I saw some sites made the distinction between son and child and some didn't. :confused: Does this mean I will have to wait 4-5 under the first preference category or will I get a visa number immediately, once my application has been processed?
Thanks in advance! :D
-Carbs
 
Questions:
1) Are you over 21 now?
2) Is your I-130 approved?
3) Are you IN/OUT of United States?

Please provide some more details about your case before senior members can advice you appropriately.

Clarification between son and a child: Under section 201(b) INA:
You are considered a CHILD of a US citizen if you're under 21
However, if you're over 21 or married, then you're considered a SON/DAUGHTER of US Citizen
 
Hi, thanks for the response.
1) I am over 21 now. I turned 21 on October 31, 2009.
2)Yes, my I-130 was approved and it was approved before I turned 21. My priority date is August 7, 2009. I have a case number with the NVC.
3)I am in the United states.

Some other info:
I applied for consular processing in Ciudad Juarez, Mexico. Since my I-130 was approved before I turned 21, I get counted as a "child," right? My final question is how long should I be waiting before I get asked to go to the Mexican consulate for processing since I applied back in august of 2009?
 
OK, I think several mistakes were made in your case. But i don't think it's a time of regret. Maybe your personal circumstance didn't allow it.
1) Why didn't your father file an I-130 and I-485 together (you're an immediate relative at the time of application)
2) Why didn't you inform NVC before you turned 21 to expedite your case

Ok, now since you're over 21. You're considered a SON and not a child anymore.

This coming Monday CALL an expert attorney ASAP and see if he/she can help you out. I really mean that. How many months was your I-130 petition in processing. As you mentioned above, your I-130 was filed in 2009 and it was approved in 2009. which mean probably in matter of months. This is all speculative. Please given us an exact date so we can calculate the CSPA for you. Or if you like, research on CSPA and calculate your age and see if you can reap the benefit of that law.

I wish you all the best once again!!!
 
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okay now I'm even more confused, but thanks :D Here is some more information. I think it says I was approved after I turned 21 which I might have misread earlier. not good, right? Maybe you can make more sense of it. It is from an I-797c, notice of action form I got stating my petition was approved.
Case type: I-130
Receipt Date: august 12, 2009
priority date: august 7, 2009
Notice date: november 17, 2009

it then says my petition was sent to nvc. thanks again!

ps i found a copy of my original i-130. the date on it is august 4, 2009
 
Ok the way CSPA works is:
You take your priority date, in your case: August 7, 2009
and calculate how long it was in processing: Novemeber 17, 2009.

This means, it took them 3 months and 10 days (hmmmm... interesting). Now, you turned 21 on Oct 31, 2009 and today is June 12, 2009 (technically you're supposed to use: the day when your priority date becomes current, but even if we go with today's date). it's 7 months and 12 days.

Unfortunately, CSPA won't work for you. You can only subtract 3 months and 10 days out of it (the time it took USCIS to work on your case). USCIS is willing to adjust the time period it took them to work on your case.

Buddy, you should have notified NVC when you were about to turn 21. (But i am sure you didn't know about it). NO WORRIES. Anyway, I can tell you with some surety that lawyers can help you out with this. Please go and consult some expert immigration lawyer on Monday. I have a feeling, it will work out.
 
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I'm not sure why I wrote you guys plural but thanks guy haha. all this immigration stuff is confusing. mm Kay I'm reading through this cspa stuff and it's pretty confusing hopefully my lawyer will make more sense of it. also just out of curiosity, why did you write "hmm interesting" in regards to my processing time? thanks again
 
No problem!!!. Do update us when things work out for you. The reason why i wrote "Interesting" is because I-130 approval usually takes long time. It was pretty fast for you.
 
Hello my name is Emanuel Salcedo and my uncle (mom´s brother) filled a I-130 in the month of APRIL 2001. I have been checking the visa bulletin and it says that this month they should actually pass April and go all the way to the cases filled in August. I´m currently living in Peru and I want to know how much more time I should wait. What worries me is that I turned 22 this year but I was only 13 when the case was submitted. It was approved on November of 2005 so...does that mean I would qualify also? Or would I have to wait for my parents to get approved and them have them file for me? Thank you for all your help.
 
I130 Approved

da1980 said:
No problem!!!. Do update us when things work out for you. The reason why i wrote "Interesting" is because I-130 approval usually takes long time. It was pretty fast for you.
Click to expand...

This message is to user - da1980

Sir, I would like to know what happens and how long does it take NVC to process the approved I-130. My situation is really weird. My father (US Citizen) petitioned for me in March 2004, Receipt Date is April 7th 2004, Priority Date is April 7th 2004, I now finally received the post decision Approval on June 11th 2013. YES, 9years 2 months. I am here in the US. I kept on checking the status online and called USCIS few times. they kept on telling me that Its under review and extensive background check. Last July 2012 I was told its now out of normal processing time. They did some research and told me that my application was burried and lost under some files. Now, I just received the approval notice telling me that the approved application has been sent to NVC.

Could you please tell me what is the next step and how long will it take them to get this processed. Hope I dont have to wait for this long AGAIN. Will I have to go back to my home country or will I be able to file I485 here? I am very curious to know what is the next step and time frame? Please reply to this post.
 
carbs said:
I'm not sure why I wrote you guys plural but thanks guy haha. all this immigration stuff is confusing. mm Kay I'm reading through this cspa stuff and it's pretty confusing hopefully my lawyer will make more sense of it. also just out of curiosity, why did you write "hmm interesting" in regards to my processing time? thanks again
Click to expand...

I also have the same prob.with my sister whose case shows post dec.activity and eventhough she is 21 this year according to cspa ccalculation she is 19*

After they notified me for the category change I send them a dispute. Uscis replied that the file is at the Embassy in my country and an Officer will assess it if she qualifies or not for CPSA.

No answer yet since 1 May 2013.

Then I opened a case at Ombdusman of USCIS. No reply yet.
 
ece said:
I also have the same prob.with my sister whose case shows post dec.activity and eventhough she is 21 this year according to cspa ccalculation she is 19*

After they notified me for the category change I send them a dispute. Uscis replied that the file is at the Embassy in my country and an Officer will assess it if she qualifies or not for CPSA.
Click to expand...

Has she filed DS-230 or DS-260 with the consulate?
 
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