I-130 confusion

L

Lee2006notts

Registered Users (C)
Hi,


I would appreciate it greatly if someone could give me a few answers on this:

My father is a US permanent resident and my step mother is a US citizen they were married befor I was 18 (now 21). Last August I applied for a I-130 visa using my fathers name, the Nebraska centre processing times said it would take 3-5 years, I recently came across a website suggesting if i'd applied thru my step mother it would take around 6-12 months is this true? if so is it possible to ammend my application to my step mothers details rather than my fathers, or would I have to cancel the current application and re-apply - I dont know if it makes any difference where i'm from but if so im from England.


Would greatly appreciate a response to clear up my confusion :confused:
 
Lee2006notts said:
Hi,


I would appreciate it greatly if someone could give me a few answers on this:

My father is a US permanent resident and my step mother is a US citizen they were married befor I was 18 (now 21). Last August I applied for a I-130 visa using my fathers name, the Nebraska centre processing times said it would take 3-5 years, I recently came across a website suggesting if i'd applied thru my step mother it would take around 6-12 months is this true? if so is it possible to ammend my application to my step mothers details rather than my fathers, or would I have to cancel the current application and re-apply - I dont know if it makes any difference where i'm from but if so im from England.

Would greatly appreciate a response to clear up my confusion :confused:
Click to expand...
I-130 should be filed by a petitioner, not you. If the marriage did take place before your 18th birthday, then, yes, your stepmother could file I-130 for you. Get information about it here: http://www.uscis.gov/graphics/howdoi/childproc.htm#usstepparent.
But, she should have done this before your 21 birthday, so you wouldn't have to wait for visa number. Now, since you are over 21, you should wait for 9-10 years. Look at the visa bulletin: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2978.html.
At this point, there is no difference who filed I-130 for you - your father or your stepmother, since the waiting time is almost the same.
 
Last edited by a moderator:
Thanks for the speedy reply,

My father did petition befor I was 21, I was told a processing time of 3-5 years, Recently I have read that if my step mother had applied it takes 6-12 months because she is a US citizen, Which is obviously better than 3-5 years, Yet you have just informed me it makes no difference, If my father was to cancel the petition and my step mother petitioned you said it'd take 9-10 years.. even thou shes a US citizen?

Thanks for your help
 
Lee2006notts said:
Thanks for the speedy reply,

My father did petition befor I was 21, I was told a processing time of 3-5 years, Recently I have read that if my step mother had applied it takes 6-12 months because she is a US citizen, Which is obviously better than 3-5 years, Yet you have just informed me it makes no difference, If my father was to cancel the petition and my step mother petitioned you said it'd take 9-10 years.. even thou shes a US citizen?

Thanks for your help
Click to expand...
The 2 petitions are not related to each other. I, honestly don't know where they got 3-5 years waiting time from. For 2A category - Spouses and Children of Permanent Residents, the visa bulletin shows 08SEP99. For 1st category - Unmarried Sons and Daughters of Citizens, it shows 01JAN97.
Like I said, if your stepmother was to apply before your 21 birthday, then it would take 6-12 months.
 
Btw, I said "At this point, there is no difference who filed I-130 for you - your father or your stepmother, since the waiting time is almost the same." That's not entirely true. Your dad's petition was filed last year. According to the current visa bulletin, you would have to wait for 6 more years (1999-2005). If your stepmother files I-130 now, the wait would be 9 years (1997-2006). So, you would be better off by sticking with the I-130 already filed.
Good luck!
 
I looked at my Receipt today and tried to get a status update which it wudnt give me online, so I called the USCIS after about an hour got put thru to a agent, They informed me my Petition wasnt at Nebraska as all the I-130 petitions are now done from California service centre and according to this:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California

An unmarried child Under or over 21 theyre processing the petitions from Jan/Feb 2005 at this time, my petition was recieved Sep 05, so in theory they should process my application in maybe 6 months...
Am I right in thinking this?
 
Lee2006notts said:
I looked at my Receipt today and tried to get a status update which it wudnt give me online, so I called the USCIS after about an hour got put thru to a agent, They informed me my Petition wasnt at Nebraska as all the I-130 petitions are now done from California service centre and according to this:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California

An unmarried child Under or over 21 theyre processing the petitions from Jan/Feb 2005 at this time, my petition was recieved Sep 05, so in theory they should process my application in maybe 6 months...
Am I right in thinking this?
Click to expand...
Lee,
Before I joined this forum, I was confused about it, too. Here are some threads for you with discussions about priority dates (it took me some time to find them). Look for posts by the member familybased. He has a lot of input about it.
"You should use the department of state visa bulletin to monitor visa cut-off date instead of INS processing date. INS pocessing date demonstrates how fast INS works on a case. Visa bulletin shows when immigration visa is available to a I-130 beneficiary. When beneficiary's priority date is earlier than visa cut-off date, an immigration visa is available to the beneficiary." (http://www.immigrationportal.com/showthread.php?p=1238024#post1238024)
http://www.immigrationportal.com/showthread.php?p=1308867#post1308867
http://www.immigrationportal.com/showthread.php?p=1452398#post1452398
 
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