London Embassy I-130 Application

[Oliblue77 0]

My sister (USC) made an I-130 application for me(half brother & UK Citizen) on 2nd October 2014 at US Field Office in London.

We received a letter, confirming the application had been filed and paid ($420) on the 7th October.

My sister has just received another letter stating the visa petition was approved on 21st October 2014 and the beneficiary for whom it was filed has been given the classification 201(b) Spouse and that another letter will be posted within 8 weeks from the VOS concerning the next step.

It looks like we have been given the wrong classification even though the application was for a sibling.

What should we do? Ignore and go to the interview etc or something else?

Kind regards,

Oliver Simmons

[Nich-Nick 3,354]

A spouse visa has unlimited availability, as does a visa for parents and minor children. The other family categories have a wait because there are a limited number of visas each year. You have a priority date of October 2014. That's when you got in the visa queue with a petition on your behalf. The Visa Bulletin, which comes out monthly, tells which priority dates have become current, meaning you made it to the front of the queue and can continue with the visa process...application, medical, interview. For siblings of US citizens, those being served now got in the queue in February 2002. You may not interview for 13-14 years. http://www.visajourney.com/timeline/visa-bulletin-predictions-family-sponsored.php

So yes, if they think you are a spouse, it makes a huge difference.

Edited November 10, 2014 by Nich-Nick

[Oliblue77 0]

Thank you Nick

Oh we are fully aware of the situation. This makes the application so much quicker but perhaps I'm being naive and surely this will be "picked up" during the interview process or sooner .............OR I will get permanent residence anyway...surely not !

Not sure what to do. As I'm concerned,we will have to start the whole process again too otherwise. I've doubled checked our original forma and we clearly marked Sibling (brother)

[Nich-Nick 3,354]

You are dealing with two different agencies USCIS (petition) and Dept of State (visa). It sounds like you might be in between. Maybe wait until you hear from the Immigrant Visa Unit and see what they say. If they say fill out your DS-260 and get a medical exam, then you can contact them with this online form and clear up the error http://london.usembassy.gov/niv/visa_contact_form.html. Right now they may not be aware of your existence, but USCIS may have passed on your file.

Contacts for USCIS

Phone, Fax Numbers & E-mail

Phone: +44.207.495.0551

Fax: +44.207.495.5012

E-mail: uscis.london@uscis.dhs.gov