F2A Application approved for Under 21 (now 23)

[Mtoto Visa Kenya 0]

Hello, I was wondering if someone could help me set expectations for my step-daughter who had her USCIS I-130 application approved on Wednesday, Sep 26th 2024. I am a USC who married my wife oversees when our daughter was over 18 and enrolled in Uni. Once my wife arrived she submitted the I-130 application as an LPR. (she has a 10 year visa and came as an IR). In trying to read prior posts I can't tell if this approval is Huge news or just a small step in the process. I seem to see people saying they have been at NVC for "years". Our daughter is in Kenya which is notoriously SLOW. So I want to be able to tell my wife and daughter that it might be an additional waiting of "years" if that's the case or, hopefully, something shorter. If I have forgotten to provide important details please let me know. Thank you!

[appleblossom 2,423]

6 minutes ago, Mtoto Visa Kenya said:

Hello, I was wondering if someone could help me set expectations for my step-daughter who had her USCIS I-130 application approved on Wednesday, Sep 26th 2024. I am a USC who married my wife oversees when our daughter was over 18 and enrolled in Uni. Once my wife arrived she submitted the I-130 application as an LPR. (she has a 10 year visa and came as an IR). In trying to read prior posts I can't tell if this approval is Huge news or just a small step in the process. I seem to see people saying they have been at NVC for "years". Our daughter is in Kenya which is notoriously SLOW. So I want to be able to tell my wife and daughter that it might be an additional waiting of "years" if that's the case or, hopefully, something shorter. If I have forgotten to provide important details please let me know. Thank you!

 

What's the Priority Date (date your wife submitted the I-130)? 

[Crazy Cat 41,770]

9 minutes ago, appleblossom said:

 

What's the Priority Date (date your wife submitted the I-130)? 

NOA1 date is 2/18/2022 according to timeline.

Edited September 27 by Crazy Cat

[appleblossom 2,423]

12 minutes ago, Crazy Cat said:

NOA1 date is 2/18/2022 according to timeline.

 

Ah, thank you.

 

@Mtoto Visa Kenya , so you need to watch the Visa Bulletin. As you can see from that, only those with Priority Dates of 15 November 2021 or earlier are now eligible to apply for visas. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-september-2024.html

 

It's not linear though, as you can see from October's bulletin those who applied prior to 21 November 2021 can get visas, so it's moved forward 6 days in one month. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-october-2024.html It may suddenly speed up or slow down, or can even go backwards. All you can do is keep an eye on it and see when your step-daughter becomes eligible to apply for a visa. 

 

One complication you do have is that she may age out in to F2B category, and as you can see from the above bulletins, that has a much longer wait. That will depend on exactly how old she is - I know you say 23, but is she just turned 23, or nearly 24? Under the CPSA she can subtract the amount of time her I-130 took to be approved from her actual age, and that may protect her and keep her in F2A. 

Edited September 27 by appleblossom

[Mtoto Visa Kenya 0]

Thank you for your help!

She will be 24 in March of 2025.

When you say “ eligible to apply for Visa” isn’t that what we did in 2022? 
So even if we get credit for the 2years 7 months, she is still over 21. What are our options now? It seems unfair that because of Covid it took my wife two years to get here which is then caused our daughter to age out. Is there anything that I can do to claim extraordinary circumstances?

[appleblossom 2,423]

31 minutes ago, Mtoto Visa Kenya said:

Thank you for your help!

She will be 24 in March of 2025.

When you say “ eligible to apply for Visa” isn’t that what we did in 2022? 
So even if we get credit for the 2years 7 months, she is still over 21. What are our options now? It seems unfair that because of Covid it took my wife two years to get here which is then caused our daughter to age out. Is there anything that I can do to claim extraordinary circumstances?

 

No, you haven't applied for a visa for her yet, you've just petitioned her. The visa application is the second step that comes after the I-130 is approved (once her Priority Date is current on the Visa Bulletin).

 

2 years is about the normal time for a spouse visa (actually, it's quicker than it is currently taking for Kenyan applicants!).

 

So if you applied in February 2022, your step-daughter was only a month or so off turning 21 at the time?  

Edited September 27 by appleblossom

[Mtoto Visa Kenya 0]

Yes, that is correct.

[appleblossom 2,423]

2 minutes ago, Mtoto Visa Kenya said:

Yes, that is correct.

 

OK. Then I don't see any way she won't age out of F2A I'm afraid, her PD would need to be current in a month or so and we already know that's not the case in October. 

 

So as a rough guide, maybe another 6-7 years? But just keep an eye on the Visas Bulletin and see how it progresses. 

 

Good luck. 

[Boiler 45,434]

i agree you need to look at F2b

[Timona 4,207]

18 hours ago, appleblossom said:

 

OK. Then I don't see any way she won't age out of F2A I'm afraid, her PD would need to be current in a month or so and we already know that's not the case in October. 

 

So as a rough guide, maybe another 6-7 years? But just keep an eye on the Visas Bulletin and see how it progresses. 

 

Good luck. 

 

I never mess around with bulletins...but I have a question..so for her not to have aged out/ her age frozen, he PD must have been current eg 14 June 24 before hitting 21 years of age? (if hypothetically were talking of F2A and October bulletin)