Will I have to wait years and years? F11 Visa

[EmTee 1]

I live in the UK. My USC stepfather filed an I-130 petition for me back in 2019 when I was under 21. In March 2022, it was approved as unmarried child of USC with a priority date of 14/08/2019. My case was sent to the NVC. My attorney and step dad received the welcome letter from the NVC with login details which was sent in March 2022. I have only just now been sent that letter (thanks to my attorney) so have not logged into the portal for over a year. I am over 21 now. When I log in to NVC site, my case shows that the visa category is F11 (Unmarried daughter or child of USC) and the priority date has changed to 19/08/2019. This category has a roughly 5 year wait time which I thought I would avoid. My question is: is it possible for the NVC to move the USCIS priority date?? I didn't think it was. 

[Chancy 6,241]

12 minutes ago, EmTee said:

My USC stepfather filed an I-130 petition for me back in 2019 when I was under 21.

 

Were you below 18 years old when your stepfather and your parent were married?

 

[EmTee 1]

13 minutes ago, Chancy said:

 

Were you below 18 years old when your stepfather and your parent were married?

 

I am not 100% sure when they married but I think I had not yet turned 18. Could this be a factor for the NVC? 

[Boiler 45,426]

More likely over a year sought to acquire, if you had been over 18 then your step parent could not have filed.

 

obviously limited information, seems a big time gap, what does the Lawyer say?

[EmTee 1]

7 minutes ago, Boiler said:

More likely over a year sought to acquire, if you had been over 18 then your step parent could not have filed.

 

obviously limited information, seems a big time gap, what does the Lawyer say?

We are no longer employing the services of this lawyer unfortunately. It angers me to no end that I could have taken action over a year ago! Thank you for your insight. 

[Chancy 6,241]

15 minutes ago, EmTee said:

I am not 100% sure when they married but I think I had not yet turned 18. Could this be a factor for the NVC? 

 

The I-130 your stepfather filed for you was approved, so I suppose you were under 18 when they were married, but I wanted to double-check.  You also should be sure about their wedding date, as you might be asked about it at your visa interview.

 

Anyway, if you were under 18 when your parent and your USC petitioner were married AND the I-130 was filed before you turned 21, then your case is IR2 category and should not be changed regardless of how old you are by the time of your visa interview.  Submit a request to NVC via their public inquiry form, to have your visa class changed to IR2.  You should attach supporting documents showing that you were under 21 when the I-130 was filed -- scans of your birth certificate and the I-130 receipt or approval notice.

 

[EDIT]  I just saw your note about the lawyer.  Good that you fired them.  They do suck for not sending you the NVC letter sooner.  Do send that request to NVC so you can also have an email trail of notifying them about your intention to pursue an IR2 visa.

 

Edited April 25, 2023 by Chancy

[EmTee 1]

3 minutes ago, Chancy said:

 

The I-130 your stepfather filed for you was approved, so I suppose you were under 18 when they were married, but I wanted to double-check.  You also should be sure about their wedding date, as you might be asked about it at your visa interview.

 

Anyway, if you were under 18 when your parent and your USC petitioner were married AND the I-130 was filed before you turned 21, then your case is IR2 category and should not be changed regardless of how old you are by the time of your visa interview.  Submit a request to NVC via their public inquiry form, to have your visa class changed to IR2.  You should attach supporting documents showing that you were under 21 when the I-130 was filed -- scans of your birth certificate and the I-130 receipt or approval notice.  Your attorney should know all this.  If not, they suck.

 

No more attorney at the moment - I really appreciate your advice here. I'll get in touch with the NVC!

[Boiler 45,426]

10 minutes ago, EmTee said:

We are no longer employing the services of this lawyer unfortunately. It angers me to no end that I could have taken action over a year ago! Thank you for your insight. 

Do you have a copy of everything filed?

[EmTee 1]

6 minutes ago, Boiler said:

Do you have a copy of everything filed?

Yes - all paperwork is with us!

[Verrou 1,961]

6 hours ago, EmTee said:

Yes - all paperwork is with us!

U should be able to check the marriage date on the copy of application 

[Gloriaaa 4]

16 hours ago, EmTee said:

I live in the UK. My USC stepfather filed an I-130 petition for me back in 2019 when I was under 21. In March 2022, it was approved as unmarried child of USC with a priority date of 14/08/2019. My case was sent to the NVC. My attorney and step dad received the welcome letter from the NVC with login details which was sent in March 2022. I have only just now been sent that letter (thanks to my attorney) so have not logged into the portal for over a year. I am over 21 now. When I log in to NVC site, my case shows that the visa category is F11 (Unmarried daughter or child of USC) and the priority date has changed to 19/08/2019. This category has a roughly 5 year wait time which I thought I would avoid. My question is: is it possible for the NVC to move the USCIS priority date?? I didn't think it was. 

Is your case still at NVC, or with the embassy?

 

if it’s with the embassy, it’s a glitch and the visa category stated on your interview letter is what is important not what is on the ceac.

[SteveInBostonI130 3,428]

19 hours ago, EmTee said:

I live in the UK. My USC stepfather filed an I-130 petition for me back in 2019 when I was under 21.

 

In March 2022, it was approved as unmarried child of USC with a priority date of 14/08/2019.

 

My attorney and step dad received the welcome letter from the NVC with login details which was sent in March 2022.

 

I have only just now been sent that letter (thanks to my attorney) so have not logged into the portal for over a year.

 

I am over 21 now.

 

When I log in to NVC site, my case shows that the visa category is F11 (Unmarried daughter or child of USC) 

 

From the information provided, it has been over a year for the "Seek to Aquire" criteria.  Normally for family preference visas, this will disqualify CSPA calculations -  i.e., the beneficiary age will be their current age.

 

However, because this is an IR2 visa, the beneficiary's age is locked when the petition is submitted.  I am not sure if "Seek to Aquire" rule applies.  @Chancy@Mike EE?

 

 

[SteveInBostonI130 3,428]

4 hours ago, juliacarter said:

The F11 visa is the US Family Preference Visa category for siblings of US citizens. 

 

Sibling (sister/brother) visa is F4.

[Boiler 45,426]

5 minutes ago, SteveInBostonI130 said:

 

Sibling (sister/brother) visa is F4.

Feels like a spammer working up 

[EmTee 1]

3 hours ago, Gloriaaa said:

Is your case still at NVC, or with the embassy?

 

if it’s with the embassy, it’s a glitch and the visa category stated on your interview letter is what is important not what is on the ceac.

Still at NVC stage!