i130 for unmarried over 21

M

mermaid06

Registered Users (C)
Hi! I hope someone can answer my question. Here is the situation: my mother filed an I130 for me about 4 years ago while being a permanent resident. If she becomes a citizen does will my application automatically convert to the first preference? Or does she need to file a new I130?

Is 4+ years a normal wait for I130 approval? How long does it take after filing adjustment of status? What is faster adjusting in US or applying outside the country?

If someone has a similar story could you please post?

Thanks!
 
mermaid06 said:
Hi! I hope someone can answer my question. Here is the situation: my mother filed an I130 for me about 4 years ago while being a permanent resident. If she becomes a citizen does will my application automatically convert to the first preference? Or does she need to file a new I130?

Is 4+ years a normal wait for I130 approval? How long does it take after filing adjustment of status? What is faster adjusting in US or applying outside the country?

If someone has a similar story could you please post?

Thanks!
Click to expand...
No, it won't happen automatically. Your mother should upgrade her petition as soon as she gets her citizenship certificate. Your priority date would stay the same: XX/XX/2002 (if it was filed 4 years ago).
Currently the processing dates on the government site - http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3046.html, are showing:
1st - 22APR01
2B - 01FEB97
So, you would save about 4 years of waiting. By the time she upgrades her petition, hopefully, your priority date will become current.
You can file for AOS (adjustment of status) here only if you are in legal status, otherwise you have no other choice than to apply for CP (consular processing).
Good luck!
 
Thank you for your reply. Unfortunately I have not received Notice of Approval (I-797) yet although it has been about 4 years since the i130 was filed. My file was transfered from nebraska to california for whatever reason and when I check my case status online the priority date is 3 years later than it is supposed to be. So I am not sure if I should start some action regarding my I130 or just wait until my mother becomes a citizen.
 
mermaid06 said:
Thank you for your reply. Unfortunately I have not received Notice of Approval (I-797) yet although it has been about 4 years since the i130 was filed. My file was transfered from nebraska to california for whatever reason and when I check my case status online the priority date is 3 years later than it is supposed to be. So I am not sure if I should start some action regarding my I130 or just wait until my mother becomes a citizen.
Click to expand...
I think you should start doing something about your PD asap, unless you want to wait 3 years more, then you need to.
 
That's normal. They never mail I 797. I'm in exactly the same situation as you......over 21...single...Mom petioned in 4/2002 as green card holder.....will get citizenship in 3/2007....my app will become first priotity...app moved from nebraska to cali..etc.

You should talk to a good lawyer. My mom's lawyer will begin working on my case immediately when she works on my mom's citizenship status. In fact, my I 485 and mom's citizenship form will mailed on the same date...in January 2007. They're giving out citizenships within 3 months.

ULTRON

mermaid06 said:
Thank you for your reply. Unfortunately I have not received Notice of Approval (I-797) yet although it has been about 4 years since the i130 was filed. My file was transfered from nebraska to california for whatever reason and when I check my case status online the priority date is 3 years later than it is supposed to be. So I am not sure if I should start some action regarding my I130 or just wait until my mother becomes a citizen.
Click to expand...
 
mermaid06 said:
Unfortunately I have not received Notice of Approval (I-797) yet although it has been about 4 years since the i130 was filed.
Click to expand...

My friend's case was same as yours, his PD was in 08/2001 and he received his first Notice of Action notifying his mom's I-130 application was received in 09/2001, then he received his another NOA notifying the case has been approved sometime in 2005. (I bet you should get yours sometime this year or early next year?)
 
ULTRON said:
In fact, my I 485 and mom's citizenship form will mailed on the same date...in January 2007. They're giving out citizenships within 3 months.
ULTRON
Click to expand...

I believe you'll first need to wait till your parent's I-130 gets approved and she receives her naturalization certificate, then she can upgrade the case from F-2B to F-1, after USCIS approves the upgrade, you have to wait till your PD becomes current to file your I-485.

I wonder if USCIS will approve your I-485 if your mom's I-130 hasn't been approved, you don't have your mom's naturalization cert and your PD is not current when you file your I-485. Since you said your PD is in 04/2002, I doubt if it would be current in January 2007.
 
Last edited by a moderator:
ULTRON said:
That's normal. They never mail I 797. I'm in exactly the same situation as you......over 21...single...Mom petioned in 4/2002 as green card holder.....will get citizenship in 3/2007....my app will become first priotity...app moved from nebraska to cali..etc.

You should talk to a good lawyer. My mom's lawyer will begin working on my case immediately when she works on my mom's citizenship status. In fact, my I 485 and mom's citizenship form will mailed on the same date...in January 2007. They're giving out citizenships within 3 months.

ULTRON
Click to expand...
The information you got from your lawyer is not correct!
Princesskate is absolutely right!
I understand your mom can apply for citizenship in January 2007. That process takes from 4-5 months to years (mine took 2 years, no background check pending, straight forward case), you never know. Your I-485 can be mailed only when your priority date is current.
First, your lawyer should wait until your mom becomes a citizen. Then he/she should apply to upgrade your mom's petition for you to become 1st category. And, only after that, if your PD is current, your I-485 should be filed.
 
Sorry my bad....I didn't mean the I 485, but the form used to "update my status" with my petitioner being a citizen....there's a special term they use for that application..not sure what. But the I485 is filed only when PD becomes current. But good to hear your comments.

About getting citizenship, in the Chicago area, people are getting it in 3 months! It happenned to my moms coworkers and others. I'm surprised it took 2 years for you....was it before 9/11?

ULTRON

Anahit said:
The information you got from your lawyer is not correct!
Princesskate is absolutely right!
I understand your mom can apply for citizenship in January 2007. That process takes from 4-5 months to years (mine took 2 years, no background check pending, straight forward case), you never know. Your I-485 can be mailed only when your priority date is current.
First, your lawyer should wait until your mom becomes a citizen. Then he/she should apply to upgrade your mom's petition for you to become 1st category. And, only after that, if your PD is current, your I-485 should be filed.
Click to expand...
 
ULTRON said:
Sorry my bad....I didn't mean the I 485, but the form used to "update my status" with my petitioner being a citizen....there's a special term they use for that application..not sure what. But the I485 is filed only when PD becomes current. But good to hear your comments.

About getting citizenship, in the Chicago area, people are getting it in 3 months! It happenned to my moms coworkers and others. I'm surprised it took 2 years for you....was it before 9/11?

ULTRON
Click to expand...
OK. Well, he still sould wait until your mom is a citizen to upgrade the petition.
I got my citizenship after 9/11. Hope your mom's process is quick.
Good luck!
 
ultron -

you really should wait until you physically have your mother's naturalization certificate in hand before letting your lawyer upgrade your petition. you have to send in a copy of the certificate to do so. they won't accept it while your mom is simultaneously applying for naturalization.

my father "was" a citizen for a month or so before he got his certificate. he was approved but had to wait for the next available swearing in ceremony. this is where you are handed your certificate and such.
 
chromedOut said:
my father "was" a citizen for a month or so before he got his certificate. he was approved but had to wait for the next available swearing in ceremony. this is where you are handed your certificate and such.
Click to expand...
Your father wasn't a citizen before he swore in ceremony, he just passed the interview, which doesn't give anyone a citizenship status.
One becomes a citizen after he/she takes an oath at the ceremony, and gets his/her naturalization certificate.
 
My parents got their citizenships and my status has been upgraded. However, the PDs have been crawling very slowly...

ULTRON


chromedOut said:
ultron -

you really should wait until you physically have your mother's naturalization certificate in hand before letting your lawyer upgrade your petition. you have to send in a copy of the certificate to do so. they won't accept it while your mom is simultaneously applying for naturalization.

my father "was" a citizen for a month or so before he got his certificate. he was approved but had to wait for the next available swearing in ceremony. this is where you are handed your certificate and such.
Click to expand...
 
I have a question...my petitioner sent in the I130 form a looong time ago. I was not aware that the Notice of Action was sent April 1, 1997 (she never told me) which means 10 years have gone by and I never sent in the I485.

Do you know if the I130 Notice of Action is still valid after not sending in the I485 for over 10 years?

also, I'm engaged at the present time, if I get married... does it anull the current process that I am in already?? PLEASE HELP
 
Under what family category was your I-130 filed under?

polo305 said:
I have a question...my petitioner sent in the I130 form a looong time ago. I was not aware that the Notice of Action was sent April 1, 1997 (she never told me) which means 10 years have gone by and I never sent in the I485.

Do you know if the I130 Notice of Action is still valid after not sending in the I485 for over 10 years?

also, I'm engaged at the present time, if I get married... does it anull the current process that I am in already?? PLEASE HELP
Click to expand...
 
polo305 said:
it was mother to son (at the time she was a resident) and my father is now becomming a Citizen...
Click to expand...
Your father has nothing to do with it if your mother petitioned you. Is she a citizen now? If she is not, do not get married until you get your green card.
Are you in US? I assume you are, since you are talking about filing I-485. Are you in legal status?
In order to file I-485 your priority date should be current, and you should be in legal status. The first condition is met. Check the current visa bulletin here: http://travel.state.gov/visa/frvi/bulletin/bulletin_3827.html.
 
Anahit, thank you soooooooo much for taking the time out to help me out.

Yes, I am in the U.S., and no, I dont believe my mother is a citizen yet (we don't talk much, but looks like we're going to HAVE to start talking... and REAL SOON)

I read the Visa Bulletin... I fall under the 2B family category and my Priority Date was Jan. 13, 1997. It said numbers will only be issued to those whose priority date is BEFORE Sept. 15, 1998........which is me... so what do I do now?

and.....if my mother has become a citizen and I wasn't aware.... does it change anything..

Thank you sooo much once again Anahit

-Paul
 
polo305 said:
Anahit, thank you soooooooo much for taking the time out to help me out.

Yes, I am in the U.S., and no, I dont believe my mother is a citizen yet (we don't talk much, but looks like we're going to HAVE to start talking... and REAL SOON)

I read the Visa Bulletin... I fall under the 2B family category and my Priority Date was Jan. 13, 1997. It said numbers will only be issued to those whose priority date is BEFORE Sept. 15, 1998........which is me... so what do I do now?

and.....if my mother has become a citizen and I wasn't aware.... does it change anything..

Thank you sooo much once again Anahit

-Paul
Click to expand...

You didn't answer the most important question: "What is your status now?"
If your mother is still a PR, and you get married, her petition will be cancelled.
If she is a citizen, then she can upgrade her petition, and you will fall under family 1st category, which has a priority date of 08DEC01, unless you were born in Mexico or Philippines. Now, that won't give you anything since your PD is current even under 2B, however, you can get married under that category.
 
You must log in or register to reply here.
Top