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Posted

Hello, 

My mother filed a petition for me in 2016 and in May i received a notification that my case had migrated to ELIS. When my mother filed the 1-130 I was married and when I got divorced we sent the divorce documents to USCIS for the category change. That was two and a half years ago and I still haven't even received approval for my 1-130 or any response about the category change. With the change of category to single, my processing date would already be out, so I made an inquiry but did not receive any response. In the visa bulletin the final action date is already in October 2015. Does anyone know what I could do apart from an inquiry to receive a response from my 1-130? or what to expect regarding this?

Posted
7 hours ago, Aperez17 said:

Hello, 

My mother filed a petition for me in 2016 and in May i received a notification that my case had migrated to ELIS. When my mother filed the 1-130 I was married and when I got divorced we sent the divorce documents to USCIS for the category change. That was two and a half years ago and I still haven't even received approval for my 1-130 or any response about the category change. With the change of category to single, my processing date would already be out, so I made an inquiry but did not receive any response. In the visa bulletin the final action date is already in October 2015. Does anyone know what I could do apart from an inquiry to receive a response from my 1-130? or what to expect regarding this?


If your PD is 2016 then there’s no visa available to you now anyway. What category does your online case status show? 

Posted
8 hours ago, appleblossom said:


If your PD is 2016 then there’s no visa available to you now anyway. What category does your online case status show? 

It doesn't show any online category. It just says that my case was migrated to ELIS. I know that if my PD is 2016 there is still no visa available for me but what worries me is that it's going on 2015 and I still haven't even received approval for my i-130.

Posted
2 minutes ago, Aperez17 said:

It doesn't show any online category. It just says that my case was migrated to ELIS. I know that if my PD is 2016 there is still no visa available for me but what worries me is that it's going on 2015 and I still haven't even received approval for my i-130.


That’s perfectly normal. As per the USCIS processing times page “USCIS Service Centers prioritize the adjudication of Form I-130, Petition for Alien Relative, preference petitions when the Department of State Visa Bulletin shows an immigrant visa is available or will soon become available.”

 

You can check your enquiry date though on the same page (I.e. the first day you’ll allowed to chase it up). I suspect for F3 category that’s still many years away but if you think you should have been moved to F1 then you can probably do that now. Put your PD in (at the bottom of the page) and see what it says). https://egov.uscis.gov/processing-times/

 

Just checking, but how did your mother inform USCIS of your change in marital status? Have you submitted the divorce degree in your online account? 

 

Posted

We also sent an inquiry explaining that we had already sent the divorce certificate two years ago and that for this reason, when changing categories, I was outside the processing time, but they did not respond to that inquiry either. We sent the inquiry a month or two ago.

Posted
5 minutes ago, Aperez17 said:

We sent the divorce certificate by certified mail to the center where my case was at the time, which was California. Do you think we should send it online?

 

Yes, because your case may have been moved. And if you've never had any acknowledgement of the divorce decree I'd question if it was ever received or not. Have you phoned to check?

Posted

When we called, they told us that they had no way of knowing if they had received it or not and that they only send a receipt when it is information that they requested. For that reason, we sent it by certified mail. It was the only way to be sure that they had received it, but this was actually two years and 5 months ago. How can I send it online?

 
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