I-130 timeline help!

[deadlyredhead 0]

Hi there, i need to know how long is the average it takes from sending in your I-130 application to it being processed and you being able to enter the USA. My mother is a LPR and is going to file for me I am in the UK. I was also wondering if it would be better for my stepfather to process, he married my mother before i was 16, i am now 29. any help would be appreciated.

thanks

[Boiler 45,516]

Hi there, i need to know how long is the average it takes from sending in your I-130 application to it being processed and you being able to enter the USA. My mother is a LPR and is going to file for me I am in the UK. I was also wondering if it would be better for my stepfather to process, he married my mother before i was 16, i am now 29. any help would be appreciated.

thanks

Depends if you are married or not.

Timelines are here: http://travel.state.gov/visa/frvi/bulletin...letin_2868.html

[deadlyredhead 0]

hi there, no I am not married. It would just be me going

[Boiler 45,516]

Did you look at the link?

Say 6 or 7 years. Difficult to say precisely.

Your stepfather can file and you can take a view when it comes up if you still want to continue.

[deadlyredhead 0]

what do you mean? why does it take so long anyway? all my family are over there? where did you see it saying 6 or 7 years? I have been trying to find online other peoples experiences with this and cant find it anywhere, cant i apply then go live there or something?

[kc456 0]

It looks like you'd be preference category 2B with priority date of 15JUL96. (Someone correct me if this is wrong).

It would be a lot faster, as I understand, if your mother were a citizen. It looks like she was in the states for a long time -- does she plan on becoming a citizen?

I don't believe you can come and live while you wait for your priority date unless you obtain a visa that will allow you to stay in the US while you are awaiting processing -- H1-B, F-1, etc.

This is my personal understand of the issue; you will probably benefit from consultation with an immigration attorney.

[deadlyredhead 0]

thanks, yea, i will tell my mother do get in touch with someone about this, it is all very confusing to me. I dont understand any of it. I really didnt think it would take as long as that. maybe i would be better getting my step father to apply for me, he married my mother before i was 16 so i think that means i would be classed as his child, if anyone knows if thats right let me know.

[Boiler 45,516]

It looks like you'd be preference category 2B with priority date of 15JUL96. (Someone correct me if this is wrong).

It would be a lot faster, as I understand, if your mother were a citizen. It looks like she was in the states for a long time -- does she plan on becoming a citizen?

I don't believe you can come and live while you wait for your priority date unless you obtain a visa that will allow you to stay in the US while you are awaiting processing -- H1-B, F-1, etc.

This is my personal understand of the issue; you will probably benefit from consultation with an immigration attorney.

I assumed that her step father could apply for her due to the date of the marriage and her age at the time. I may be wrong.

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Currently processing 22 April 2001. I round up now on the assumption that they will get overloaded with Amnesty cases. If one assumes the same timelines, 5 1/2 years minimum.

She would need a visa with dual intent, an F would be unlikely for that reason.

H would be ideal but that depends on qualifications/ getting a job etc

And do NOT get married!

[deadlyredhead 0]

It looks like you'd be preference category 2B with priority date of 15JUL96. (Someone correct me if this is wrong).

It would be a lot faster, as I understand, if your mother were a citizen. It looks like she was in the states for a long time -- does she plan on becoming a citizen?

I don't believe you can come and live while you wait for your priority date unless you obtain a visa that will allow you to stay in the US while you are awaiting processing -- H1-B, F-1, etc.

This is my personal understand of the issue; you will probably benefit from consultation with an immigration attorney.

I assumed that her step father could apply for her due to the date of the marriage and her age at the time. I may be wrong.

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

I am still slightly confused, what is the H1-B and an F-1? how do I get these and what are they? Also if i got the application process going would this affect me visiting the usa for a holiday until it was processed?

Currently processing 22 April 2001. I round up now on the assumption that they will get overloaded with Amnesty cases. If one assumes the same timelines, 5 1/2 years minimum.

She would need a visa with dual intent, an F would be unlikely for that reason.

H would be ideal but that depends on qualifications/ getting a job etc

And do NOT get married!

[deadlyredhead 0]

I am still slightly confused, what is the H1-B and an F-1? how do I get these and what are they? Also if i got the application process going would this affect me visiting the usa for a holiday until it was processed?

[meauxna 15]

google is your friend.

Try uscis.gov and travel.state.gov

[kc456 0]

H1-B is an employment based visa: you need an employer who's willing to sponsor you -- not trivial. F-1 is a student visa: lots of $$ for international student tuition. Look them up on the internet.

[deadlyredhead 0]

ah, i dont think either of those would apply to me. does anyone know whether certain circumstances speed up your application or not? I really cant understand why it would take 6 years for me to go to the states to live with my mother, its appalling. What if she was sick and i had to go look after her or something? Its a joke. Are there no people on this site that have gone through the sponsoring a family member that can tell me how long it took them?

and what good will an immigration lawyer do? i have asked my mother to contact one but i dont really want to waste the money on that if i dont have to, i have exhausted looking on the net for info, the uscis site is hopeless and tells you nothing sensible. I cant even work out whether i am classed as my step fathers child or not. does anyone know if they have a helpline where you can actually talk to someone and get some advice from them?

thanks

[meauxna 15]

ah, i dont think either of those would apply to me. does anyone know whether certain circumstances speed up your application or not? I really cant understand why it would take 6 years for me to go to the states to live with my mother, its appalling. What if she was sick and i had to go look after her or something? Its a joke. Are there no people on this site that have gone through the sponsoring a family member that can tell me how long it took them?

and what good will an immigration lawyer do? i have asked my mother to contact one but i dont really want to waste the money on that if i dont have to, i have exhausted looking on the net for info, the uscis site is hopeless and tells you nothing sensible. I cant even work out whether i am classed as my step fathers child or not. does anyone know if they have a helpline where you can actually talk to someone and get some advice from them?

thanks

haha, why does it take 6 years? It's a long queue ahead of you! Because of your age, you are not eligible to go to the front of the line. Appalling that you waited so long to decide to move...

The value of a lawyer would be in finding a faster way for you to come to the US as a NON immigrant so that you can wait with your mother instead of overseas. But, unless you have some professional qualifications, that may be a short list in your particular circumstances.

Even if the step father qualifies/petitions you, that category is backlogged 5 years or so *as of today* (the line can get longer).

All the information is on the uscis.gov site; hiring a lawyer may be your best way to understand what is already posted there. You probably don't find many people posting on the topic because there is nothing to discuss for 5 or 6 years---the people using that category don't need the internet; they've often already learned the ropes in the primary person's immigration. There was a poster here named Mo007; he came under an F1A preference, IIRC.

The people who work at the helpline are not immigration officers, advisors or employees. They are a private company contracted to take the calls and look up limited information on their computers. Take their advice at your own risk.

Edited April 23, 2006 by meauxna

[kc456 0]

Looks like your stepfather can petition for you:

http://www.uscis.gov/graphics/howdoi/child...tm#usstepparent

"... (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)..."

Still, since you are over 21, you are not classified as a "child" (immediate relative) and an immigrant visa number is not available to you immediately. You are in the 1st preference as Boiler suggested, which gives you a priority date of 2001 -- at least 5 yrs wait.

I'd run this by an attorney -- no one on this forum is qualified to give you legal advice, and you should not base decisions solely on the information you receive here.