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I130 US citizen petition married son/daughter

sarahabijo
03-23-10, 12:27 PM
I am a US Citizen and on Dec,2005 I filed a form I130 for my married son or daughter. I rcv'd a notice of receipt on Dec. 2005 also. Informing of how much I paid..etc. Now, after 5 years..March 2010, I rcv'd a form I-797C from Dept of Homeland Security stating that they have rcv'd the application from Dept of State. Now, I check my case status online and accdg to the website: Post-Decision Activity which means: for approve applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or The Dept. of State.

What is this suppose to mean? Does this mean that the petition has been approve or not? Does this mean that my daughter can be called anytime for an interview after the NVC has issued an visa number? I know we still have a long wait ahead of us, but will this be a little sooner than I am expecting? Maybe another 5 years, I hope?..on USCIS website for 3rd preference they are processing May 2002 but on the visa bulletin processing March 1992...does this mean that we still have another 18 years to wait? Which one should I check so I know what priority date they are processing. Also, none in my letter indicating a priority date. Is my filling date the same as the priority date? Or is it because my petition has not been approve yet that is why I do not have a priority date. Even if I have filled it 5 years ago. Pls. explain...

thanks

Raven
03-23-10, 01:30 PM
I am a US Citizen and on Dec,2005 I filed a form I130 for my married son or daughter. I rcv'd a notice of receipt on Dec. 2005 also. Informing of how much I paid..etc. Now, after 5 years..March 2010, I rcv'd a form I-797C from Dept of Homeland Security stating that they have rcv'd the application from Dept of State. Now, I check my case status online and accdg to the website: Post-Decision Activity which means: for approve applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or The Dept. of State.

What is this suppose to mean? Does this mean that the petition has been approve or not? Does this mean that my daughter can be called anytime for an interview after the NVC has issued an visa number? I know we still have a long wait ahead of us, but will this be a little sooner than I am expecting? Maybe another 5 years, I hope?..on USCIS website for 3rd preference they are processing May 2002 but on the visa bulletin processing March 1992...does this mean that we still have another 18 years to wait? Which one should I check so I know what priority date they are processing. Also, none in my letter indicating a priority date. Is my filling date the same as the priority date? Or is it because my petition has not been approve yet that is why I do not have a priority date. Even if I have filled it 5 years ago. Pls. explain...
Does the notice you've recently received really say this? Or does it say that DHS has sent the petition to the DoS?

I think the notice you received from DHS is of type Approval Notice and it should specify the Priority Date. In the event that it does not, the Priority Date should be within a few days of the Receipt Date. See the example I-130 Approval Notice on this web site.

Do not compare USCIS processing times with the Visa Bulletin - they are for different things. The USCIS site tells you how long USCIS is taking to process petitions and applications that are submitted to USCIS. The visa bulletin tells you what priority dates are now current, which can be used as a crude estimate of when a visa application can be submitted after the prerequisite petition was submitted (provided that the petition was approved).

sarahabijo
03-23-10, 02:44 PM
Pls. correct me if I am wrong...Are you trying to say that USCIS site tell you only how long is taking to process such petition? For 3rd preference is processing May 2002, it may take another 3 yrs for them to process my petition for my daughter right? and it doesn't mean that they have a possibility to come to USA within 5 years or less. As far as the Visa bulletin priority date is important because that will help us estimate how long will it take or how many more years to wait for the said preference. Like March of 1992 which is behind of 18 years? So does it mean that my daughter still have at least 15 years to wait maybe more? I really hope not..it is very confusing to me..
this also mean that my case can be with NVC office for so many years before we can actually rcv'd any info from them regarding my petition right?

thanks

vietnamkid
03-23-10, 03:07 PM
Pls. correct me if I am wrong...Are you trying to say that USCIS site tell you only how long is taking to process such petition? For 3rd preference is processing May 2002, it may take another 3 yrs for them to process my petition for my daughter right? and it doesn't mean that they have a possibility to come to USA within 5 years or less. As far as the Visa bulletin priority date is important because that will help us estimate how long will it take or how many more years to wait for the said preference. Like March of 1992 which is behind of 18 years? So does it mean that my daughter still have at least 15 years to wait maybe more? I really hope not..it is very confusing to me..
this also mean that my case can be with NVC office for so many years before we can actually rcv'd any info from them regarding my petition right?

thanks

There are essentially three parts to petitioning for your daughter.

1. File I-130 with the USCIS (Dept. of Homeland Security). USCIS looks to see if the petitioner is qualified under the law to petition for the beneficiary. This part only establish that the petitioner is eligible to petition for the beneficiary. A background check may be conducted on the petitioner. USCIS is not involved in issuing visas as it does not have the legal authority to do so. The day that USCIS receives the petition is generally also called the Priority Date (PD). You can find the PD on the first notice that USCIS sent to you when you filed.

2. Approved I-130 is sent by USCIS to the NVC (Dept. of State) where the beneficiary must wait for a visa to become available in his/her family preference category. The reason is that there are only X number of visas each year in the F3 category, while there is 18x the number of people who wants visas. That is why it will take 18 years for your daughter to become eligible for a visa. Everyone's child has to wait in this line, so there is nothing that can be done to shorten the wait for your child.

3. Consular Processing. When the Priority Date is about to become current as indicated by the Visa Bulletin, the NVC will contact you and the beneficiary to start the final step. You will need to file an Affidavit of Support showing you can support the intended immigrant if necessary because the beneficiary will not be eligible for Social Security or any welfare program. The beneficiary will file the Application for a Visa (DS-230). The US Embassy will issue the visa after the interview.

So, yes, your daughter does not get a visa after USCIS approves the petition. She has to wait for an available visa which will take about 18 years in her case. Nothing you can do to change this.

Raven
03-23-10, 05:09 PM
Pls. correct me if I am wrong...Are you trying to say that USCIS site tell you only how long is taking to process such petition?
Yes

For 3rd preference is processing May 2002, it may take another 3 yrs for them to process my petition for my daughter right?
It will take them however long it takes. As long as the petition gets processed before the priority date becomes current it doesn't make the slightest bit of difference how long USCIS takes to process the petition. However, if there are derivative beneficiaries involved, the longer USCIS takes to process the petition the better.

and it doesn't mean that they have a possibility to come to USA within 5 years or less.
Correct, it does not mean that they have a possibility to come to the USA in 5 years or less. When they can come to the USA depends on when the priority date become current, not on when the petition is processed.

As far as the Visa bulletin priority date is important because that will help us estimate how long will it take or how many more years to wait for the said preference. Like March of 1992 which is behind of 18 years? So does it mean that my daughter still have at least 15 years to wait maybe more? I really hope not..it is very confusing to me..
this also mean that my case can be with NVC office for so many years before we can actually rcv'd any info from them regarding my petition right?
In the 3rd preference category, people from the Philippines who had petitions filed 18 years ago are now finally able to apply for a visa. If your daughter's priority date is 3 years ago, then yes a best guess is that she has 15 more years to wait. Maybe more, maybe less.

Whenever USCIS approves the petition it will send the approved petition to the NVC, and the petition will sit at the NVC gathering dust until the priority date becomes current. When the priority date is about to become current the NVC will notify you and your daughter and send you each a form DS-3032 to start the visa application process.

Raven
03-23-10, 05:22 PM
There are essentially three parts to petitioning for your daughter.

1. File I-130 with the USCIS (Dept. of Homeland Security).

2. Approved I-130 is sent by USCIS to the NVC (Dept. of State)

3. Consular Processing.

There is 1 part to petitioning. There are, I would put it, 3 parts to immigrating.

Part 1 is the petition.
Part 2 is waiting, after the petition has been processed, until the priority date becomes current.
Part 3 is applying for the immigrant visa once the priority date has become current.

In most cases, for most countries (in particular the appointment posts), Part 3 can be sub-divided into 2 parts
Part 3-A is submitting the visa application to the NVC
Part 3-B is having the application processed and being interviewed at a US consulate (or other appropriate visa-issuing post).

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