I-130 questions

[INRIsaves 1]

I have a question in regards to an I-130 form that was filed in July of 2010 for an unmarried daughter of a permanent resident who is over 21 years of age. The Field office is Jacksonville, Florida and the service center is California(CSC). I've noticed that the processing time website [located here: https://egov.uscis.gov/cris/processingTimesDisplay.do] notes that the last I-130 petition form for a permanent resident filling for an unmarried son or daughter over 21 was processed on May 7th 2010 which indicates that the one in question, that was filed in July 2010, is still waiting to be processed. Considering this and that the the results shown here[https://egov.uscis.gov/cris/Dashboard/ProcTimes.do] for the particular case, form, and service center(CSC) show that it is an average of 17 months means that the form will be processed any day now.

My questions is, is there any possible way that we could have the individual come over to the US and stay while we are waiting on this form to be processed and completed?

There is also another factor in this that the daughter has since been engaged to a US citizen(me) while she was on one of her trips between the US and her home country for work. I have done some reading on the fiancee visa, but see where that visa takes 5 months to process where as the I-130 should be processed any day.

Considering these factors I was wondering if you knew a way that she could move over while waiting on the I-130 to be processed or have any suggestions in regards to the engagement factor. Thank you for your time and please let me know any information you may have in regards to this, or if you need any more info to answer my questions. Thanks again for taking your time to read this. I wish yo all the best of luck as I am sure all of you are desperate to get with your loved ones as I am.

[INRIsaves 1]

Also, if waiting on the I-130 would be the best option, does anyone have any idea on how much longer it will take to process? What are the steps after that? Sorry for leaving this out in the original post. Thanks once again for your time everyone.

[Penguin_ie 5,993]

she cannot move over, but since she seems to have a tourist visa, she can visit.

[INRIsaves 1]

she cannot move over, but since she seems to have a tourist visa, she can visit.

I was thinking that was the case, but wanted to be sure. Unfortunately she can only come over at certain times for her job and then she gets a temp visa for the time frame. I wish she had a visa to come whens he liked, then she would not leave until this was processed

With those time frames, any idea on how much longer it may take for this to be processed?

Thanks for the feedback.

[Penguin_ie 5,993]

about 7 years for her family petition (see wait times here: http://www.travel.state.gov/visa/bulletin/bulletin_5630.html), or 7-9 months if you petition her for a K1.

[INRIsaves 1]

about 7 years for her family petition (see wait times here: http://www.travel.state.gov/visa/bulletin/bulletin_5630.html), or 7-9 months if you petition her for a K1.

Where is it that you are getting the 7 years from? UCIS says only 17 months for the visa they applied for and it has been right at 17 months.

Edited December 28, 2011 by INRIsaves

[Penguin_ie 5,993]

You are looking at processing times, you are not taking into account the priority dates. Because a lot of children over the age of 21 want to immigrate, and there are only a certain number of visas available, there is a wait. Look at the link I gave above (http://www.travel.state.gov/visa/bulletin/bulletin_5630.html), which states the priority dates currently being processed for each visa category. A over 21 unmarried daughter of a greencard holder is in F2B category, which from your country they are currently processing 8th September 2003 and earlier. Be happy she is not from Mexico, they are processing 1st December 1992 and earlier for that country!

[INRIsaves 1]

You are looking at processing times, you are not taking into account the priority dates. Because a lot of children over the age of 21 want to immigrate, and there are only a certain number of visas available, there is a wait. Look at the link I gave above (http://www.travel.state.gov/visa/bulletin/bulletin_5630.html), which states the priority dates currently being processed for each visa category. A over 21 unmarried daughter of a greencard holder is in F2B category, which from your country they are currently processing 8th September 2003 and earlier. Be happy she is not from Mexico, they are processing 1st December 1992 and earlier for that country!

I see what you mean now. Thanks for clarifying that for me. On the other hand you say doing the fiancee visa will only take around 7 month to get her here and then we get married within those 90 days and she can stay while the other paperwork is being processed, correct?

[INRIsaves 1]

I see what you mean now. Thanks for clarifying that for me. On the other hand you say doing the fiancee visa will only take around 7 month to get her here and then we get married within those 90 days and she can stay while the other paperwork is being processed, correct?

Also, with this form: https://egov.uscis.gov/cris/processingTimesDisplay.do showing processing times, how can they have processed the last I130 for this particular category on May 7th 2010, if there are none available as noted in the site you shared?

Excerpt: 'I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 May 7, 2010'

Thanks again for the help, I am just really confused on this entire thing and trying to get a solid understanding. I really do appreciate it.

[Penguin_ie 5,993]

I see what you mean now. Thanks for clarifying that for me. On the other hand you say doing the fiancee visa will only take around 7 month to get her here and then we get married within those 90 days and she can stay while the other paperwork is being processed, correct?

There is no numerical limit to K1 (fiance visas), so only the processing time applies. Usually, that is between 7 and 9 months- you might get lucky and it goes quicker, or might hit some delays and make it a year. After you get married in the USA within 90 days, you will need to file AOS (adjustment of status), which takes another few months, but she can stay during that time- though not work.

[INRIsaves 1]

There is no numerical limit to K1 (fiance visas), so only the processing time applies. Usually, that is between 7 and 9 months- you might get lucky and it goes quicker, or might hit some delays and make it a year. After you get married in the USA within 90 days, you will need to file AOS (adjustment of status), which takes another few months, but she can stay during that time- though not work.

Thank you so much for all of your answers. I feel like I am coming to a good understanding of where we are now and the best scenario to move forward on which will be the K1. You have helped a ton, thanks again!

Edited December 29, 2011 by INRIsaves