I-130

[truebuddy 0]

Hello...

Im new here and I guess we all have to start somewhere so here goes...

I need help on this....

My wife and daughter entered the US last Sep 99 on a tourist visa for medication of our daughter. They were granted a 6 months stay and before it expired, they requested and was granted an extension to stay which was to end Feb 2001. On Sep of 2000, or 5 months before the expiration of the extension they went back home (in the Phils)...

On apr of 2001, her father who is a USC (both her parents are) filed for I-130 in her behalf and last month (sep 2008), we were informed that such I-130 was approved. Does this approved I-130 means that my wife can now enter the US legally as immigrant and could petition me and our children?. How long will it take for her to be able to enter the US and petition us?.

thanks for the anticipated response on this one.... and more power...

[Mononoke28 135]

No, the approval of the I-130 only means that she will eventually get an interview at the embassy. The CO is the one who approves or denies here visa. If she is approved, she should be getting her green card a few weeks after entering the US. After that she can petition you and the children but it will take a very long time since she would only be a permanent resident. She would have to become a US citizen to make the process move faster.

Diana

[aaron2020 11,651]

Your father-in-law petitioned for your wife in the F3 category. Her priority date is April 2001. Currently, the National Visa Center is processing approved I-130s from the Philippines with priority date May 1, 1991 and earlier.

The sad news is that your wife and family will have to wait another 17 years to immigrate to the US. It could be a couple of years longer or shorter depending on the number of available visas. The US limits the number of visas for immigration in most family-based immigration categories.

Another problem is that your children may not be able to come with you and your wife. Generally, children over 21 cannot come with their beneficiary parent in the F3 category (no derivative beneficiaries over 21 years old). Since it took 7 years for USCIS to process your wife's I-130, your children gets an extra 7 years. So in 2025, any children that is 28 years or younger will be able to come with you. This means any child over 11 years old right now will not be able to come with your wife.

This is all guesswork since the number of visas may change each year.