I-130 (situation has changed)

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by TrinPrince, Jun 19, 2006.

  1. Anahit

    Anahit Registered Users (C)

    Yes, it looks like in April, May, the 01MAR02 was current for F2A category. Unfortunately, retrogression moved the dates back. Hopefully, it will change. ;)
  2. Anahit

    Anahit Registered Users (C)

    December 11, 2000 was current in April, May, June for F1, F2A categories. You sent you AOS package in July. If you look at priority dates for July: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2943.html, Your PD wasn't current in July for any category...
    Your mom becoming a citizen doesn't automatically change your category. She has to upgrade her petition, so you go under F1. Did she?
  3. TrinPrince

    TrinPrince Registered Users (C)

    Those dates seem to be only "visa" related.

    F1 is for student visas I believe. Not looking for a visa.

    My I-130 was approved back in 2004 & would remain on file for 2 years. The exact span of the 2 years, I don't know by memory.

    As i'm as (Second Preference) immigrant resulting from my mom's citizenship, I filed the I-485 package. This includes adjustment of status, green card etc.

    I'm curious if your confused or I'm confused or maybe a little of both. But we'll figure it out......

  4. chills

    chills Registered Users (C)

    Trin, can you better explain how old you were when your mother filed a petition for you. And, have you received any word back from your I-485?

    I don't know why you think that you don't need to wait for a visa. The only way you would't have to wait for a visa number when your mother naturalizes to a citizen is if she naturalized BEFORE you turned 21. Other than that, you have to wait for a visa number to become current before you can file for adjustment of status and employment. F-1 is NOT for student visa. F-1 is for Daughters or sons over 21 of US Citizen . IF she upgraded your petition now, you'd fall under that category. That category is falling WAAAAAy behind 2a which is daughters and sons of Legal Permanent Residents that are under 21.

    Just the fact that you state that you're in a preference points towards the fact that you HAVE to wait for a visa number to become current. Only people that don't have to wait are immediate relatives of US Citizens. You're not that. Look up what an immediate relative is.
    Last edited by a moderator: Sep 3, 2006
  5. chills

    chills Registered Users (C)

    I read where you said that you reached biometrics, but that's just weird. They say that you aren't allowed to file i-485 until your priority date becomes current. But if you were able to file it without having to wait for a current priority date, then that's good news for me because then I'd be able to do the same thing.

    So, are you just now waiting for your adjustment of status and EAD? IF so, you should probably get your EAD soon and adjustment of status hopefully in the next upcomming months. You know, hopefully they don't reject the documents that you filed like 3 months down the line because it just doesn't go with what's been written about the process on numerous sites.

    Please speak clearly when you post so we can understand everything that you're saying.
    Last edited by a moderator: Sep 3, 2006
  6. Anahit

    Anahit Registered Users (C)

    I'm sorry, Trin. But it looks like you're confused... You do need to wait until your number becomes current.
    F1 is family 1st category. We weren't talking about visa types, we were talking about visa categories.
    Read the approval letter for I-130 one more time. It should tell you to wait until your priority date becomes current. Doesn't it?
    You still didn't answer my question: Did your mom upgrade her petition for you to become F1 (family 1st category)?
    One more thing: Just because your application was submitted, and biometrics taken, there is no guaranty that your applying early wouldn't come up at your interview...
    Good luck!
    Last edited by a moderator: Sep 5, 2006
  7. Anahit

    Anahit Registered Users (C)

    Good news!

    The October visa bulletin has "better" dates:

    1st 01MAY00 01MAY00 01MAY00 01JAN93 01NOV91
    2A 22APR01 22APR01 22APR01 15OCT99 22APR01
    2B 01JAN97 01JAN97 01JAN97 15FEB92 22JUL96
    3rd 22OCT98 22OCT98 22OCT98 01JAN94 01AUG90
    4th 15SEP95 01FEB95 01AUG95 15SEP93 01APR84

    Compare to September visa bulletin:

    1st 01JAN98 01JAN98 01JAN98 15JUL92 22OCT91
    2A 22SEP99 22SEP99 22SEP99 22SEP99 22SEP99
    2B 01DEC96 01DEC96 01DEC96 01DEC91 01JAN94
    3rd 01OCT98 01OCT98 01OCT98 15JUN88 01DEC85
    4th 01AUG95 01OCT94 01JUL95 01JAN93 15FEB84
  8. TrinPrince

    TrinPrince Registered Users (C)

    Anahit, Chills..........

    Excuse this late post as I did not recieve any email notification via your posts.


    I'm using a book to guide my through the immigraion process and was not aware of what you discussed prior.

    I simply was not aware of any "Prioirty Dates" that dictated when I should file. Just went ahead and filed when my mom became a citizen.

    I simply was not aware that my mother had to upgrade her petition so I could go under F1. She did not do any upgrading.

    I also did not know that I needed a "immigrant" visa, for adjustment of status. I thought it was okay to file since my I-130 had already been approved & then I would/would'nt be granted a green card.

    I re-read the appoval letter for I-130 & the only thing specifing a "Priority" date as at the top. It said "December 11, 2000".

    What should I do, have my mother upgrade the petition?

    I just recieved my "Notice Of Action" for the interview in November.

    You're saying I should be worried about this issue, correct?

    Discouraged :(
  9. TrinPrince

    TrinPrince Registered Users (C)

    Chills, Since the reciept data on the I-130 is "December 18, 2000", I was 25.

    Thanks for defining the term F-1. So I should have my mom upgrade the petition, right?

    Weird, or perhaps the hand of GOD.
    Currently, I'm waiting for Adjustment of Status & EAD.... :rolleyes:
    Anyway, I got my interview notice today, so I'm nervous now. :(

    Christ, I hope they don't reject the docs either. I've trooped it this far, will have to get tuff and figure it out if the rejection occurs....

    I appreciate you guys/your persistence in my thread. Thanks for helping me realize my error...

  10. Anahit

    Anahit Registered Users (C)

    Hi Trin. Sorry to discourage you...
    Looks like you made up your mind from the beginning, and didn't even read the responses to your questions. I mean, the first advice you got from Cherr was to update the petition, and then talk about category change... You ignored that... Then you went ahead and filed for AOS (adjustment of status).
    Read pirincesskate's posting, and your responses to her questions... Don't make any sense at all... What? You thought she didn't know that the year 2000 was long gone? Her question should have told you something...
    I am not trying to be mean. I want you to see your mistakes and learn from them...
    Have you read about preference categories in the link I provided? What is your preference category now? I am assuming you're not married, which means your category is F2B.
    The current date for 2B is 22AUG96. Thus, to apply in this category you should wait for about 4 more years, unless there are changes in visa bulletin.
    The current date for F1-Unmarried Sons and Daughters of Citizens, is 01JAN00.
    So, first your mom needs to upgrade her petition for you to become F1 category. Then you have to wait until the your priority date - December 11, 2000, becomes current. And only after that you can file to adjust your status.
    Your current application would most likely be denied because of early filing.
    I hope you maintained your legal status this whole time.
    Good luck!
    Last edited by a moderator: Sep 14, 2006
  11. TrinPrince

    TrinPrince Registered Users (C)

    Thanks for responding....

    As I said, wasn't aware the upgrade was not "automatic".

    Yes, I agree I should the initial response further even though I did not think it was revelant to my situation.

    If you mean this: http://www.travel.state.gov/visa/fr...letin_2943.html, yes I revised it. But i barely understand it. I'll simple have to take a few hours and wrap my head around it using the visa glossary.
    Your recap of the priority date & the 4 years wait period is clear.

    No, I'm not married....

    I'll just let the interview proceed & see if they deny.
    If denied, I'll follow through with the application upgrade.

    Off course, my status is not legal. I came here in the 80's via aunt.
    She let my visa expire within a year.
    Mom/dad came. Waited 12 years for docs. They got theirs, I was phased out due to the 1996 laws...........

    Last edited by a moderator: Sep 15, 2006
  12. Anahit

    Anahit Registered Users (C)

    Trin, I think you need to contact a lawyer.
    Best of luck!
  13. TrinPrince

    TrinPrince Registered Users (C)


    I spent years wasted in the care of a S.O.B. laywer.
    This guy never explains anything nor has he proven useful in regards to my situation.

    Not wasting more time screening new lawyers, typical of New York as no one is to be trusted.

    I'll figure it out myself, which curbs my anxiety and occasionally depression knowing I'm in control of my future...... ;)

  14. emonadhikary

    emonadhikary Registered Users (C)

    asking 4 general information

    My date of birth is Sep 1983.

    My uncle petitioned my parents along with me on 1993(F-4). We got a priority date of May 1993. We waited for 10.11 yrs{nov2003} for DS-230 form. My name was there and we filled those forms and sent those to NVC. But after waiting another 1 year(Feb 2005) the interview letter came frm the local embassy and my name was not there(cause i was +21).

    Now my parents is in USA, they got their Legal permanent resident card.

    Now my mom applied for me through a I-130 form on June 2,2006 along with my DS-230 paper and they sent her a receipt on June 8,2006.

    Please read this topic below and pls help me with my questions:
    In all cases, where applicable, aged-out children would convert to the F-2B category for unmarried sons and daughters of permanent residents with a retention of the parent's priority date. This would mean that in many cases involving extended waiting times for parents, the aged out children should be able to save years in immigrating to this country. For example, in the case of parents immigrating in 2018 on the basis of a fourth preference sibling petition with a 2002 priority date where the child was 15 years of age at the time for that petition was filed, the aged out child should be able to use the 2002 priority date for an automatically converted petition to the F-2B category in 2018. As the priority date under the F-2B category would most likely be current for visa issuance, the speed of immigration would depend upon the mechanism used by BCIS/DOS to effect the automatic conversion. In a regular conversion case today where a parent previously petitioned for his or her spouse and the child was a derivative beneficiary who aged out in the process, the law requires the petitioner to file a new I-130 petition to retain the old priority date16. In this case, a mechanism would have to be devised without the necessity of a further petition because of the automatic conversion provision.

    A.Is my priority date will be May 1993?

    B.Will i have to wait for another 10+ years cause the present(oct 2006) priority date is Jan 1997?

    C.What are the other information/papers my mom have 2 send to the service centre to use the previous priority date?
    D. If not, how long it will take to get a interview date
  15. Anahit

    Anahit Registered Users (C)

    I have never looked into aged out children information... But, from what you had quoted here, it's pretty clear to me that you should be able to save years of waiting: "aged-out children would convert to the F-2B category for unmarried sons and daughters of permanent residents with a retention of the parent's priority date".
    Others on this forum might be able to provide you with more detailed info about the procedure.
    Good luck!
  16. emonadhikary

    emonadhikary Registered Users (C)

    thanx 4 reply

    Thax for the response,

    But im still confused :confused: , cause the service centre(Vermont) is now processing the pending case Feb 12(reciept date)........and mine is 8 june. So it seems altogether they will take 8 months(june 8-Jan07) to start my case. And then if all the information is ok they will give me a " :confused: priority date". And if its not the previous PD(may 1993)......im finished(another 10 years). Do u know how can i get my information of process? If u dont still thanx for ur previous reply.

    take care,
  17. TrinPrince

    TrinPrince Registered Users (C)


    Although I cannot comment on your issue, I would advice you to copy and paste your question into a brand new thread.
    Many people won't see you inquiry if its buried 3 pages deep in my thread.

    I have sent in the request to the NVC to upgrade my petition from F2B to F1 with all the necessary documents as outlined at :


    Now I'll wait for interview.... :(
  18. emonadhikary

    emonadhikary Registered Users (C)

    thanx 4 reply

    thanx for the advice.
  19. Bella Blues

    Bella Blues Registered Users (C)

    For Trin Prince

    I read your situation and you and I used to be in the same position. I actually was petitioned by my permanent resident mother earlier than you, back in 1998 when I was only 21 1/2. My priority date was January 14, 1998 and I am in the F2B category like you were. Our lawyer adviced my mom not to become a US Citizen yet because my petition will take longer, because if the child is over 21, being petitioned by a permanent resident takes a shorter period of time than being petitioned by a US Citizen. That's what was explained to us.

    Despite all this, my priority date is still not current until now, so I don't know how you were able to file your I-485 and other things like that. I believe your application might get refused when you go for your interview, I talked to a lawyer earlier this year about my F2B petition and he said that all I can do is wait.

    Thankfully, my fiancee and I finally got married this month and so now my husband is my petitioner and I can just forget my mom's petition because it's sooo slow.

    I hope things work out for you and if not, I hope you will get married someday as this really is the fastest way, but do get married for love!
  20. TrinPrince

    TrinPrince Registered Users (C)


    I'm glad you've managed to find someone (who you love, who won't charge you 15,000 to get married for some docs, and you not just getting married because USCIS has ruined your life).

    I've had a few girlfriends, but it seems a high percentage of women in New York have severe emotional problems. And I'm not being facetious.

    I would not pay some dingbat chick 10 or 15 k to get married for papers, nor would I lock myself into another restraint that is marriage with some shady & highly unreliable person.

    That being said, I managed to be lucky enough to find someone I'd like to share my life with. (But she is from Eastern Europe & not a USC).

    I won't let this infinetly complex problem (USCIS) destroy what some folks spend their lives looking for..........the "right" person.

    Quote: "Marriage is a wonderful institution, but who wants to spend life in a institution!" - Harpo Marks :)

    Good Luck

Share This Page