I-130 processing time

[Kandrus 0]

I am a U.S. Citizen I just got married to a woman from Brazil. We applied for change of status on I-485 for her and her son. Her sons rquest was denied because he turned 21 before the interview. Now My wife must apply for her son by using the I-130. I am confused. I have been told that it does not take long for the I-130 approval but takes 10 years before he will receive a green card to come to the U.S. And by others, they have said this is not true. I'm confused. Can anyone help? Thanks

Ken

[Dan J 277]

Yes thats true. If he remained under 21, he could get derivate status from his mother. But since he turned 21, he is now in a different category. This other category is limited int he number of visas granted each year, and there is quite a long wait.

Your step son is in the preference category of 2B, which currently has the prioirty date of 01DEC97 or about 10 years. If your wife becomes a citizen and your step son remains unmarried, he would be in first preference with a proiority date of 01JUN01 or about 6 years. Though considering that your wife cannot apply for citizenship for at least 3 years, its not much different time wise.

[Kandrus 0]

Yes thats true. If he remained under 21, he could get derivate status from his mother. But since he turned 21, he is now in a different category. This other category is limited int he number of visas granted each year, and there is quite a long wait.

Your step son is in the preference category of 2B, which currently has the prioirty date of 01DEC97 or about 10 years. If your wife becomes a citizen and your step son remains unmarried, he would be in first preference with a proiority date of 01JUN01 or about 6 years. Though considering that your wife cannot apply for citizenship for at least 3 years, its not much different time wise.

Thank you for the reply. You see, I had two appointments with immigration officers about the I-485 and was told that If I applied before my step son turned 21, he would not be denied. Of course, as I found out, this was a lie. Now we start the process for him under the I-130 and it looks like he won't be able to return to the states for about 10 years. So discouraging. Ken

[RRS 0]

I applied I-130 in April 2001 for my adult unmarried son (presently in USA) which was approved only in March 2005. Besides, there seems to be a long wait still ahead before I/ my son can file for adjustment of status. Meanwhile if I acquire citizenship in a year or so, I may be able to upgrade its priority date to 1st preference category which is currently April 2002. Keeping my fingers crossed and biding my time patiently after all these years!