LPR's I-130 compared to USC wait time

[mugs 0]

My wife is an LPR and we sent in a I-130 in for her daughter (over 21, unmarried). When we look at the processing times here...

https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC

...we see that the processing time seems to be longer for a USC to file for an unmarried son or daughter over 21 as compared to an LPR doing that.

But then I have read that if an LPR becomes a citizen they should notify the state dept because they get an "upgrade" on the preference category (from F-3 to F-1 which will shorten the time it takes to get a visa #. Is that correct? It's a little confusing as to what steps add up to an overall shorter time.

Thanks for your help!

[payxibka 10,047]

My wife is an LPR and we sent in a I-130 in for her daughter (over 21, unmarried). When we look at the processing times here...

https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC

...we see that the processing time seems to be longer for a USC to file for an unmarried son or daughter over 21 as compared to an LPR doing that.

But then I have read that if an LPR becomes a citizen they should notify the state dept because they get an "upgrade" on the preference category (from F-3 to F-1 which will shorten the time it takes to get a visa #. Is that correct? It's a little confusing as to what steps add up to an overall shorter time.

Thanks for your help!

the priority date of the petition is established... since it takes anywhere from 8 - 17 years for a F3 to become visa eligible, there is no hurry on the part of the USCIS to approve a petition... The "hurry" begins when the LPR becomes a USC and the wait time is now 2 years or so less

[YuAndDan 153]

The processing time at CSC is only part of the equation.

Yes LPR becomes a US Citizen, they get the priority upgraded, if the petition is still at USCIS you report change of immigrations status to USCIS and get the I-130 moved up. IF USCIS has already processed the petition and sent it in to NVC for the wait for a Visa Number, then contact NVC and update the immigrations status, and get it changed from F-3 to F-1.

Look at current VISA Number Bulletin at DOS for the second half of the equation.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

Changing from F3 to F1 will shave a couple of years off the process, DOS is working on China F3s filed in 2000, and F1s filed 2002

Edited December 12, 2008 by YuAndDan

[aaron2020 11,651]

When a person can immigrate is determined by getting a visa with a current priority date. So even, if a F2b is approved before a F1 application filed at the same time, the F1 is still going to immigrate first based on the current visa bulletin.

Getting a I-130 approved means the the application will be sent to the National Visa Center (NVC) to wait until a visa is available. Each category only has so many visas in a given year. Once they are gone, approved people have to wait until the next year. This is because lots of people want to immigrate and the US is only prepared to absorb so many people per year.

To illustrate, two people filed I-130 on June 1, 2002. One is a F1 and one is a F2b. The F2b is approved in 2003 while the F1 is approved in 2005. After approval, USCIS sends the applications to the NVC. Under the current visa bulletin, F1 will have a current priority date and will begin to process for a visa. The current PD for F2b is March 22, 2000, so the F2a cannot get a visa and cannot come to the US yet. So it doesn't matter when the I-130 gets approved. Only the PD will determine when a person gets a visa.

So once your wife becomes a USC, she can write a letter to NVC with the case number and proof that she has become a USC. Do not assume that one office in the gov't knows what another office knows. Send them proof that your wife is a USC.

If the daughther gets married before a visa becomes available, she will become a F3 applicant after your wife becomes a USC. If she got married while your wife was a LPR, I believe her application dies because there is no category for a LPR to sponser a married child. I don't think the LPR becoming a USC revives the application. Can anyone clarify this for me? Thanks.

[mugs 0]

The processing time at CSC is only part of the equation.

Yes LPR becomes a US Citizen, they get the priority upgraded, if the petition is still at USCIS you report change of immigrations status to USCIS and get the I-130 moved up. IF USCIS has already processed the petition and sent it in to NVC for the wait for a Visa Number, then contact NVC and update the immigrations status, and get it changed from F-3 to F-1.

Look at current VISA Number Bulletin at DOS for the second half of the equation.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

Changing from F3 to F1 will shave a couple of years off the process, DOS is working on China F3s filed in 2000, and F1s filed 2002

Wow! Thanks for the information! O.K. a couple more questions. Is the reason that the wait time (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC) appears to read as longer (2003 for USC and 2005 for LPR) because the I-130 was filed by a USC from inception?

Also, when you say, "DOS is working on China F3s filed in..." do you mean F3's approved by the USCIS in 2000 or cases whose original I-130 filing date was 2000?

Thanks!

[aaron2020 11,651]

F3 is married children of USC. F2b is unmarried child over 21 of LPR. F1 is unmarried child over 21 of USC.

As an LPR, your wife filed for her unmarried child over 21 in the F2b category.

The only way to upgrade from F3 to F1 is for a married person who is the child of a USC to become single again.

Edited December 12, 2008 by aaron2020

[payxibka 10,047]

Also, when you say, "DOS is working on China F3s filed in..." do you mean F3's approved by the USCIS in 2000 or cases whose original I-130 filing date was 2000?

It is the visa priority date which if I am not mistake is based on petition filing and not approval

[aaron2020 11,651]

Priority Date (PD) is determined when USCIS first receives the I-130.

Here is a link to the visa bulletin to determine who is getting a visa. It does not go up 1 month for each month that passes. A priority date can actually move backwards. Don't ask for a explanation why, no one seems to know.

http://travel.state.gov/visa/frvi/bulletin...letin_4406.html

Edited December 12, 2008 by aaron2020

[YuAndDan 153]

Wow! Thanks for the information! O.K. a couple more questions. Is the reason that the wait time (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC) appears to read as longer (2003 for USC and 2005 for LPR) because the I-130 was filed by a USC from inception?

Also, when you say, "DOS is working on China F3s filed in..." do you mean F3's approved by the USCIS in 2000 or cases whose original I-130 filing date was 2000?

Thanks!

Yes filed by USC from inception, updating them on status will bump up the priority at USCIS.

The DOS dates are the date the I-130 was originally filed to USCIS, not USCIS approval dates.

My wife and I plan on filing an I-130 for her sister as soon as she obtains citizenship, kind of sucks though (10+ Years for F-4), only bonus is her sister's husband and son will be able to immigrate at the same time.

Edited December 12, 2008 by YuAndDan

[payxibka 10,047]

Priority Date (PD) is determined when USCIS first receives the I-130.

Here is a link to the visa bulletin to determine who is getting a visa. It does not go up 1 month for each month that passes. A priority date can actually move backwards. Don't ask for a explanation why, no one seems to know.

http://travel.state.gov/visa/frvi/bulletin...letin_4406.html

it is probably because when they estimate the processing priority date, they factor in a certain percentage for "staleness" and for aliens who are no longer interested or eligible to immigrate (some of these petitions can be quite old). Taking this together with a visa quota, they occasionally find themselves having more still interested applicants than available visas, and then they have to adjust accordingly.