NVC PD date is not current

[arifturzo 4]

Hi, I am new in this forum. I am a LPR and filled for my spouse on April 27th. NOA2 Approved on September 8th, NVC received the file on October 1st, Got the NVC Case Number, IIN Number and Beneficiary Number on October 17th. But NVC Says they cannot proceed further with my case because my Priority date is not current and my PD is May 30th, 2014. I checked the PD date for Bangladesh and it says the current date is now March, 2013. So I am assuming I have to wait another year for processing the file. I am almost 4 and 1/2 years in USA and can file my N-400 some where in mid April, 2015. Is there any other way I can bring my spouse over here in USA while waiting for PD. May be B1/B2? Please help.....

[Phillip Kazuto 28]

It is possible to get tourist visa though slim chance , because your wife is showing intend immigrate ( F2A ).

It is always worth a try.

My advice is that only around 6 months more you can naturalize as US Citizen , as soon as you naturalize send a letter to NVC to inform them to upgrade your case from F2A to IR1 and it will be alot faster

All the best

[Ian H. 207]

You can apply for citizenship 90 days before you have 5 years, so when you have 4 years and 9 months; be sure to count the days since it cannot go over this amount. As an LPR, your spouse has to wait for a visa to become available, the PD is basically your number on the waiting list.

Everyone with a PD before the cutoff date is eligible to apply for a visa, everyone after isn't until there is a new cutoff date, which changes every month. Now since you already petitioned your spouse, the petition is currently in process.

When you become a USC, which can take a good 5 to 6 months, you can upgrade your spouse's petition to IR1. As a USC, your spouse would have a visa immediately available because IR's of USC's always have visas available, it's unlimited, there's no PD to worry about.

As for the tourist visa, please not that once there is a pending petition, tourist visas are really hard to get. Your spouse has to prove really strong ties to Bangladesh in order to convince the CO.

The fee for a tourist visa is $160, if you are willing to spend that money, please note that you cannot get it back if your spouse is denied. Also, please note that your spouse cannot apply for a tourist visa for the purpose of staying in the US, it is visa fraud; otherwise for just visiting while the process is pending, is ok.

Here is a link with info on tourist visas:

http://travel.state.gov/content/visas/english/visit/visitor.html

[Phillip Kazuto 28]

Just want to add that applying for tourist visa will not affect your case whatsoever , approve or deny will not cause any problem to your pending case.

[arifturzo 4]

Thanks Phillip and Ian for the reply

[hellraiser 42]

My 2 cents: apply for your citizenship 90 days before your date of entry as a LPR. Contact NVC the day you receive your naturalization certificate. Upgrade your case status as the processing time for LPR and USC is quite different.

Getting her here on B1/B2 or other category wil be difficult as the moment visa officer will find out she has a pending immigration case, they will assume that she will come here and and file for an update (whether that's Her intention or not is not would matter less) and will reject her. Not saying it's impossible but chances are lot less.

So I would time things right, meaning apply for US citizenship, file to upgrade my status with NVC. This is a time consuming brutal journey and sadly you have some more waiting time. all we can do is hope and do whatever it takes to minimize the waiting time.

Best wishes for you.