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Member888 Newbie

Member888   0

Posted
Filed: FB-4 Visa Country: Pakistan
 Timeline
Posted

Hello !!

My sister filed for I-130 for me back in 2008, I have 3 sons and my spouse with me.

At that time my eldest son was 11 years old and by the time we get our visa (say 2018) he will be 21. So, will he be allowed or will he have to start the process again.

It's been six years since I-130 was filed. How more long will it take ?

Thanks.

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Effects of Major Family Changes on Immigration Benefits forum to Bringing Family Members of US Citizens to America forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

SusieQQQ Grand Master

SusieQQQ   11,587

Posted
Filed: Citizen (apr) Timeline
Posted

From what I understand he should be protected from ageing out, but maybe someone who knows for sure can chip in.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

"CSPA allows the time a visa petition was pending to be subtracted from the beneficiarys biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition."

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hello !!

My sister filed for I-130 for me back in 2008, I have 3 sons and my spouse with me.

At that time my eldest son was 11 years old and by the time we get our visa (say 2018) he will be 21. So, will he be allowed or will he have to start the process again.

It's been six years since I-130 was filed. How more long will it take ?

Thanks.

The current PD for the F4 category (USC petitioning a sibling) is Dec. 212, 2001. It will probably be 7-8 years before your PD becomes current.

Whether your son can immigrate with you will depend on his CSPA age. If his CSPA age is under 21, he can come with you. If not, then you have to start all over when you get your green card.

There is no way to know if CSPA will help your son until your PD is current.

You can figure out when CSPA will not help if you know how long it took USCIS to approve the I-130. If it took two years, then you add two years to your son's real age. At age 23 (21 + how long to approve the I-130), he will age out if your PD is not current by then.

Unfortunately, there is nothing you can do to change anything.

Best of luck.

Member888 Newbie

Member888   0

Posted
Filed: FB-4 Visa Country: Pakistan
 Timeline
  • Author
Posted

Well first I got a letter confirming that they had received my application and then in 2010 I got another letter about which I am forgetting but it stated something like that I should not sell any property until any further notice, does this come on an approval letter ?

But when I check my case status online it is on "INITIAL PROCESS" stage :/


Has the petition been approved yet ?

Well first I got a letter confirming that they had received my application and then in 2010 I got another letter about which I am forgetting but it stated something like that I should not sell any property until any further notice, does this come on an approval letter ?

But when I check my case status online it is on "INITIAL PROCESS" stage :/

Boiler Grand Master

Boiler   46,147

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

2018 seems very optimistic.

No point getting too concerned now, something to check nearer the time, a lot can change.

“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.”

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

Well first I got a letter confirming that they had received my application and then in 2010 I got another letter about which I am forgetting but it stated something like that I should not sell any property until any further notice, does this come on an approval letter ?

But when I check my case status online it is on "INITIAL PROCESS" stage :/

Well first I got a letter confirming that they had received my application and then in 2010 I got another letter about which I am forgetting but it stated something like that I should not sell any property until any further notice, does this come on an approval letter ?

But when I check my case status online it is on "INITIAL PROCESS" stage :/

The second letter is the approval notice for the I-130. Your son has an extra 2 years (you need to do the math since nyou have the exact dates and I don't) beyond age 21. If he turns 23 (approximately) before your PD is current, then he will not be allowed to immigrate with you.

Its going to be close. No way to know until 2020 or about.

Edited by aaron2020
NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

So it sounds like your petition took 2 years ( exact times may be important later ) So you can subtract that time from the real age. It sounds like it is highly probable that your son will age out given current numbers. IF he does under current laws you would have to start a new petition with a new timeline and he would wait another 10 years or so beyond your arrival

This will not be over quickly. You will not enjoy this.

 
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