What happens after getting the approval

[maennj]

Hi,

I have green card and I applied a I130 case for my daughter over 21yrs old Yesterday I got a notice of action saying the the application has been approved and the case has been forwarded to NVC. They said that the National Visa Center will mail her with instructions and within 90 days if she doesn't get anything we should call the NVC.

Does that mean she will have the interview and get the visa soon ? Or there is another long waiting process

Thanks

 

[maennj]

one more question, is it possible that she complete the process here in the united states since she has a visitor visa that's still working and planning to visit here soon ?

 

[Jackolantern]

How long ago was it filed? The case you filed is in Family category 2B, for which the visa bulletin shows December 2001 for most countries (see http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). She is not eligible for approval, nor to stay in the US to pursue adjustment of status, until they reach your I-130 filing date.

In addition, what you are proposing is preconceived immigrant intent, which is not OK for a tourist visa (especially when the petitioner is not a US citizen).

 

[maennj]

How long ago was it filed? The case you filed is in Family category 2B, for which the visa bulletin shows December 2001 for most countries (see ). She is not eligible for approval, nor to stay in the US to pursue adjustment of status, until they reach your I-130 filing date.

The case was filed about a year ago

In addition, what you are proposing is preconceived immigrant intent, which is not OK for a tourist visa (especially when the petitioner is not a US citizen).

I don't quite understand you here. She already has a tourist visa with multiple visits (we live in USA so she comes to visit us). I was wondering if they ask her for interview at the embassy while she's visiting us, would be ok to complete the interview in USA.

Are you saying she's not allowed to visit us while she has a I130 application on progress ?

 

[Jackolantern]

I don't quite understand you here. She already has a tourist visa with multiple visits (we live in USA so she comes to visit us). I was wondering if they ask her for interview at the embassy while she's visiting us, would be ok to complete the interview in USA.

Completing the interview in the US would mean pursuing adjustment of status (AOS). When entering the US with a tourist visa, she is not supposed to have the intent to pursue the green card process to completion within the US; they want her to complete it at the consulate. If they know she is going to do AOS after entering with a tourist visa, they will refuse entry. If she successfully enters with the tourist visa and then files for AOS shortly after that, they can deny her for having preconceived immigrant intent. They are more lenient about this for spouses and under-21 children of US citizens, but not for children of permanent residents.

Are you saying she's not allowed to visit us while she has a I130 application on progress ?

There is no explicit ban, but the I-130 could make them suspect that she will attempt to immigrate, and she would have to convince them otherwise if questioned about it.

Anyway, for now it is all moot, as she can expect to wait another 8 years or more before becoming eligible for AOS or a GC-related consular interview.

 

[maennj]

Completing the interview in the US would mean pursuing adjustment of status (AOS). When entering the US with a tourist visa, she is not supposed to have the intent to pursue the green card process to completion within the US; they want her to complete it at the consulate. If they know she is going to do AOS after entering with a tourist visa, they will refuse entry. If she successfully enters with the tourist visa and then files for AOS shortly after that, they can deny her for having preconceived immigrant intent. They are more lenient about this for spouses and under-21 children of US citizens, but not for children of permanent residents.

There is no explicit ban, but the I-130 could make them suspect that she will attempt to immigrate, and she would have to convince them otherwise if questioned about it.

Anyway, for now it is all moot, as she can expect to wait another 8 years or more before becoming eligible for AOS or a GC-related consular interview.

Wow I didn't know that. Thanks a lot for explaining this before we do something stupid I guess we have to wait for now like you said

Thanks