More than one I130, from sister and from mother?

T

Trinalien

New Member
Hello and thank you for any feedback!

I presently have an I130 petition for relative approved [September 2002] from my Sister and have an NVC case number [November 2009].

The letter from the NVC indicates that there are more applicants for visas than there are immigrant visa numbers available under the limitation prescribed by law, and so there is a delay in the process. It's approximately 4 years later and the application process has not moved forward. They do indicate that this delay can take many years and that there is no way of predicting when it'll be possible to proceed with my immigration visa application.

The NVC letter indicates preference category: F4 - BROTHERS AND SISTERS OF U.S. CITIZENS. My question: is it permissible and/or beneficial for another I130 to be submitted from a different family member [My mother, U.S. Citizen]? I'm an unmarried male over 21. Is the mother-son sponsorship a different preference category?

~V
 
Yes, they allow multiple I-130 filed by different family members for the same beneficiary, and also employment-based petitions going on simultaneously with family-based. If you have multiple filed on your behalf, you can immigrate through whichever one progresses to completion first.

If your mother files for you, your category with her petition would depend on your marital status and whether you're under 21.

See the visa bulletin (particularly the section "FAMILY-SPONSORED PREFERENCES") for an explanation of the categories.
http://travel.state.gov/visa/bulletin/bulletin_6050.html
 
Unmarried over-21 child of USC would be 1st preference (F1), which currently is taking about 7 years according to the latest visa bulletin (10-12 years for Mexico and Philippines).
 
Jackolantern said:
Unmarried over-21 child of USC would be 1st preference (F1), which currently is taking about 7 years according to the latest visa bulletin (10-12 years for Mexico and Philippines).
Click to expand...

I have heard that newly citizen parents applied for their son's GCs and they got it within couple years (even maybe less than 2) and checking the visa bulletin this process is taking 5 years... how is that possible? Is it something different circumstances?

Thanks again.
 
visa bulletin / family sponsored preferences chart

Thanks for the reply and the link to the visa bulletin, very helpful information!

For the family sponsored category F4 the column "All Charge-ability Areas Except Those Listed" indicates the date of "22JUL01." Does this mean applicants who filed petitions in July 2001 are currently being served as visa numbers become available?

Given the number of visas available per category [with F1 now serving 2006 September], would it be recommended to simply wait instead of file again?

Thanks again for feedback.
In appreciation,
~V
 
Trinalien said:
For the family sponsored category F4 the column "All Charge-ability Areas Except Those Listed" indicates the date of "22JUL01." Does this mean applicants who filed petitions in July 2001 are currently being served as visa numbers become available?
Click to expand...
Yes.

Given the number of visas available per category [with F1 now serving 2006 September], would it be recommended to simply wait instead of file again?
Click to expand...
That's up to you and your mother and whether you're willing to spend the money to file the other petition as a Plan B in case your sister's petition can't be pursued to completion (e.g. suppose she permanently leaves the US for some reason before you immigrate). If I were in your position I would have asked my mother to file years ago (she could have filed when she was a permanent resident).
 
Last edited by a moderator:
Hello - Thank you for the information you share, much appreciated!

About a year ago I had posted the first question in this thread. Last week I got a letter from the National Visa Center about the next step in the process, which is to do the form DS-261, Online Choice of Address and Agent form on ceac.state.gov

I was thinking about doing this step by myself. Though I am exploring the idea of the other available options. Are there noteworthy advantages to having a lawyer be registered as the agent, as opposed to it being the applicant? particularly, in terms of form processing speed. Any other comments of having a lawyer's assistance would be appreciated.

After the processing of this step, what happens next in the process? Is this the last form before the visa is distributed? Are there any personal interviews next that I would be better off having a lawyer handle ds-261?

Thanks again,
~V~
 
You must log in or register to reply here.
Top