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Filed: F-3 Visa Country: Philippines
Timeline
Posted (edited)

Hi! I am currently in California, my mom applied for my i-130 last year. I'm a married daughter of a US citizen over 21. I have an H1B visa issued for work and it's about to expire. I am a victim of Haiyan and my house in the Philippines was destroyed and is now uninhabitable. I applied for an expedite about 2 weeks ago and the I-130 was approved a week later, however, in the approval letter, it was stated that I cannot adjust my status until my priority date is current and that the USCIS will be keeping my approval notice until I will be able to adjust my status. This means a 20-year wait time and I will have to go home and wait for my visa there. We have sent another request to the USCIS to let me adjust my status but we are still waiting for the response. I have a 6-month old american-born daughter and to have to go home with her to a devastated place with no work available is just heart-breaking. Do they expedite the visa availability too for humanitarian reasons?

Edited by maweepaoee
Posted (edited)

No, you must wait for your priority date to become current.

It will be an approximate wait of 21 years for that to happen, based on current processing times.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: F-3 Visa Country: Philippines
Timeline
Posted

No, you must wait for your priority date to become current.

It will be an approximate wait of 21 years for that to happen, based on current processing times.

So why approve the i-130 expedite? it makes no sense.

Posted

Because you asked for it.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Hi! I am currently in California, my mom applied for my i-130 last year. I'm a married daughter of a US citizen over 21. I have an H1B visa issued for work and it's about to expire. I am a victim of Haiyan and my house in the Philippines was destroyed and is now uninhabitable. I applied for an expedite about 2 weeks ago and the I-130 was approved a week later, however, in the approval letter, it was stated that I cannot adjust my status until my priority date is current and that the USCIS will be keeping my approval notice until I will be able to adjust my status. This means a 20-year wait time and I will have to go home and wait for my visa there. We have sent another request to the USCIS to let me adjust my status but we are still waiting for the response. I have a 6-month old american-born daughter and to have to go home with her to a devastated place with no work available is just heart-breaking. Do they expedite the visa availability too for humanitarian reasons?

Sadly, Nope. It won't. :(

event.png
Our I-129F Journey

7/1/2011.. NOA1 receipt date
7/9/2011.. NOA1 Hard Copy Recieved
11/14/2011.. Approved NOA2 recieved via email/text
11/22/2011.. NVC forwarded Approved I-129F Petition to US Embassy Philippine
11/29/2011.. US Embassy in Manila Recieved our Petition
1/20/2012.. Medical Exam (Passed)
2/28/2012.. Interview! Approved!
3/1/12... CFO counseling Done!
3/7/12.. Visa on hand
3/10/12... POE @ Honolulu, HI.. Yeheeeeeey!
3/31/12... Wedding <3 <3 <3
Adjustment of Status Journey
4/24/12... AOS Mailed
4/30/12... Email/Text received for acknowledgement of AOS & EAD receipt
5/7/12... AOS/EAD NOA1 Hard Copy Received
6/11/12... Biometrics Appointment
6/22/12... 2nd Biometrics appointment scheduled 7/17/12 but walked in in an early date.
6/27/12... Text/Email Received (Card Production for EAD)
7/7/12... EAD Card Received! smile.png Yeheeeeey!

8/13/12... Interview (Approved) email/text received I-485 on card production! smile.png
8/21/12... Green Card on Hand! Yeheeey! Thank God!

Stepson I-130 Petition

12/27/13... Mailed I-130 to Phoenix lockbox via USPS Express Mail

12/31/13... NOA1 Priority Date

1/6/14... Email/Text received for acknowledgement of receipt. LIN****** case number assigned & routed to Nebraska Service Center

1/11/14.. NOA1 Hard copy received

1/17/14... Petition approved! Notification received via email/text (Thank God. 17 days only)/Approved petition mailed to Department of State! Notification via text/email

1/23/14... NOA2 Hardcopy recieved

NVC Stage

1/29/14... NVC received approved petition

3/7/14... Case Number Assigned (MNL**********)

3/11/14... Received AOS bill & Paid AOS/ Submitted DS-261

3/17/14... Mailed AOS Package

3/18/14... Forgot to Sign the I-864A, mailed another form with my signature affixed on I-864A

3/25/14... Recieved/Paid IV fee (Mailed DS-260 additional requirements)

3/27/14... Submitted DS-260 Online

Waiting.... Hopefully no Checklist. :)

4/24/14... Case Complete

6/23/14... Interview date! Huraaaay! APPROVED! More Hurray! :)

Filed: K-1 Visa Country: Turkey
Timeline
Posted

Hi! I am currently in California, my mom applied for my i-130 last year. I'm a married daughter of a US citizen over 21. I have an H1B visa issued for work and it's about to expire. I am a victim of Haiyan and my house in the Philippines was destroyed and is now uninhabitable. I applied for an expedite about 2 weeks ago and the I-130 was approved a week later, however, in the approval letter, it was stated that I cannot adjust my status until my priority date is current and that the USCIS will be keeping my approval notice until I will be able to adjust my status. This means a 20-year wait time and I will have to go home and wait for my visa there. We have sent another request to the USCIS to let me adjust my status but we are still waiting for the response. I have a 6-month old american-born daughter and to have to go home with her to a devastated place with no work available is just heart-breaking. Do they expedite the visa availability too for humanitarian reasons?

Can your employer renew your H1B?

Posted

You should contact an experienced immigration attorney to explore your options, but I'd be surprised if there was anything that could be done.

As stated above, perhaps renewing your H-1B would be an option for the short-term.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: F-3 Visa Country: Philippines
Timeline
Posted

No, renewing H1B not an option. Also, I applied for a humanitarian expedite due to unforeseen circumstances. If you type in humanitarian on USCIS search page, you will find special circumstances and it states that they may expedite and you may also change your status. They also offered relief for Haiyan victims so i do not understand why there are no options when I clearly am a Haiyan victim and they should protect my US citizen baby.

Filed: Country: Vietnam (no flag)
Timeline
Posted

No, renewing H1B not an option. Also, I applied for a humanitarian expedite due to unforeseen circumstances. If you type in humanitarian on USCIS search page, you will find special circumstances and it states that they may expedite and you may also change your status. They also offered relief for Haiyan victims so i do not understand why there are no options when I clearly am a Haiyan victim and they should protect my US citizen baby.

You MAY be able to adjust if you qualify. It's not a guarantee that you can adjust.

Posted

At this point I think you've already received all the expedites you are likely to get; I don't think there is any provision in law to allow you to jump to the front of a family-preference queue in the manner you are asking for, but consulting with an immigration attorney to ask would be a good idea.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Citizen (apr) Country: Poland
Timeline
Posted

So would it be better if I get out of status just apply for a humanitarian visa?

There is no humanitarian visa to apply for. And being out of status makes you ineligible for most visas out there, including green card after 21 years...

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Sounds like we'll see you in 20ish years, give or take.

Having a child in the US doesn't confer any sort of immigration status or preferential treatment. It can always stay here with the father rather than going back to the Philippines.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

Filed: K-1 Visa Country: Wales
Timeline
Posted

The obvious sponsor would be your Employer, there is no requirement to return to one part of PI. Or PI at all.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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