Getting Children Here

[wizzard1663 0]

My Wife arrived on a K-1 Fiance Visa June 28, 2009, we married July 8 and I filed the AOS right away. She received approval and her Green Card by December. This January we sent an I-130 Petition for her son and another one for her daughter. Each one of them is over 21, has two children, but neither are married. Our I-130 was received by USCIS on January 13.

Today we received a notice by mail that one of the two I-130 was approved (her 24 year old son with his two sons). We are thrilled and stunned at the same time. Based on supposed average processing times, Vermont was taking 12 months and California 86 months. This alone is absurd for one center to be one year and the other seven years. Ours was supposedly in Calilfornia, even though we live in Florida. My original Fiance Visa application went through Vermont. I'm not complaining, we are thrilled, I'm just stunned at this weird set of events. The notice from USCIS we received today said that the Petition was now forwarded to the NVC.

Anyone with knowledge please let us know how much time it usually takes to get out of NVC. From there I guess it goes to the Embassy in the Philippines, and then her son would be sent a package to prepare for an interview. I'm just guessing things are the same as our Fiance Visa process. How long is it likely to take for this to happen, and how long until a Visa is made available.

Thanks for any input you have for us.

Carl and Maria

[belinda63 3,038]

I am guessing she is filing for them as unmarried children over 21 of an LPR. If so this would place here children in the 2B category for a visa. For the Philippines the current wait for a visa in the 2B category is about 12 years.

My guess, and someone with more knowledge of this please help me out, is that the petition has been approved and will be sent to storage until a visa number becomes available and then you will be notified and the process for the visa will continue.

[JimVaPhuong 4,863]

My Wife arrived on a K-1 Fiance Visa June 28, 2009, we married July 8 and I filed the AOS right away. She received approval and her Green Card by December. This January we sent an I-130 Petition for her son and another one for her daughter. Each one of them is over 21, has two children, but neither are married. Our I-130 was received by USCIS on January 13.

Today we received a notice by mail that one of the two I-130 was approved (her 24 year old son with his two sons). We are thrilled and stunned at the same time. Based on supposed average processing times, Vermont was taking 12 months and California 86 months. This alone is absurd for one center to be one year and the other seven years. Ours was supposedly in Calilfornia, even though we live in Florida. My original Fiance Visa application went through Vermont. I'm not complaining, we are thrilled, I'm just stunned at this weird set of events. The notice from USCIS we received today said that the Petition was now forwarded to the NVC.

Anyone with knowledge please let us know how much time it usually takes to get out of NVC. From there I guess it goes to the Embassy in the Philippines, and then her son would be sent a package to prepare for an interview. I'm just guessing things are the same as our Fiance Visa process. How long is it likely to take for this to happen, and how long until a Visa is made available.

Thanks for any input you have for us.

Carl and Maria

Hold yer horses, pardner!

You're just getting started. Your petition is now going to sit and gather dust at NVC until your step-son's priority date comes up. His priority date is the date you filed the petition.

As Belinda said, you're looking at approximately 12 years for an F2B from the Philippines. Normally, I would recommend your wife become a US citizen as soon as possible and then upgrade the petition to an F1, but I would NOT make this recommendation in the case of the Philippines. Because of the numerical limits, upgrading to an F1 would only ADD four more years to the wait time. If your step-son gets married in the interim, then he won't be eligible for an F2B. However, if that happens then your wife COULD become a US citizen, and change the petition to an F4, which would take 6 years longer than an F2B.

Immigration law sets a cap on the number of visa issued in many family visa categories. Further, no single country can get more than 7% of the total number of visas in each category. The Philippines is oversubscribed more than any other country, so they have the longest wait.

[aleful 1,905]

Hold yer horses, pardner!

You're just getting started. Your petition is now going to sit and gather dust at NVC until your step-son's priority date comes up. His priority date is the date you filed the petition.

As Belinda said, you're looking at approximately 12 years for an F2B from the Philippines. Normally, I would recommend your wife become a US citizen as soon as possible and then upgrade the petition to an F1, but I would NOT make this recommendation in the case of the Philippines. Because of the numerical limits, upgrading to an F1 would only ADD four more years to the wait time. If your step-son gets married in the interim, then he won't be eligible for an F2B. However, if that happens then your wife COULD become a US citizen, and change the petition to an F4, which would take 6 years longer than an F2B.

Immigration law sets a cap on the number of visa issued in many family visa categories. Further, no single country can get more than 7% of the total number of visas in each category. The Philippines is oversubscribed more than any other country, so they have the longest wait.

he cannot marry before she becomes a USC, this will anull the petition. she has to become first a USC, then after that he can marry. they will check the dates carefully. as long as she is a LPR, he MUST remain single. If she becomes a USC and he marries, he will change category to a F3, married children of a USC.

[JimVaPhuong 4,863]

he cannot marry before she becomes a USC, this will anull the petition. she has to become first a USC, then after that he can marry. they will check the dates carefully. as long as she is a LPR, he MUST remain single. If she becomes a USC and he marries, he will change category to a F3, married children of a USC.

Thank you for clarifying that. My fingers sometimes type faster than my mind works.