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Everything posted by ks7608
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I would consult an immigration lawyer based in the USA for the best advice because this is a very unusual case. my advice is if you want to come to the usa quickly legally , I would just get your wife naturalization certificate and submit it to NVC to update your visa category to IR-1 which is faster now where NVC processing time is faster than before . Going and changing citizenship in ds-260 I am not so sure of the timeline for that update with NVC . sorry that I couldn’t provide any further advice on this matter
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The priority date for final action chart even retrogressed to 08 OCT 2017 in the August 2023 visa bulletin. hope fully it becomes current
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Yes it is possible, For the NVC stages they look at the Dates for filing charts, the second chart, since that is current now for F2A category, you can still submit the Civil documents, DS-260 form through NVC and be DQ. If the PD retrogressed in the second chart, then you cannot submit the documents and be DQ. The dates for final action chart decides when you can get an interview letter. Since the PD retrogressed in that chart, you can still be DQ, but not receive an interview letter until that chart becomes current for our category. I hope you understood my explanation.
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Most probably there won't ne any movement in the dates until the next fiscal year that is the October visa bulletin since there is a huge backlog all around the world still.
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The priority date in the visa bulletin is now Sep 2020. So until it becomes current or moves forward to Dec 2022 in the final action chart , you would not get any interview letter . That’s there rule unfortunately. Hope for the best
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Did you transfer your Case from a different consulate to Montreal recently? If so, there might be a bit delay, if not, just wait, you should receive your letter soon. Currently the Montreal consulate has sent interview letters to applicants DQ in December 2022 for family sponsored category according the consulate website. So just wait for a month or two.
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F21 is spouse of LPR subject to country limitations, whereas FX1 is spouse of LPR exempt from country limitations. Both F21 and FX1 are under F2A category in visa bulletin. So yes, the retrogression applies to both. F21 is normally people born in India, China , Mexico and Philippines. FX1 is other world countries where there is no cap on the number of visas that can be issued per country. Hope this answers your question
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If the spouse is eligible to apply for citizenship, that's a good option. But if the spouse is going to apply for naturalization right now, the whole process can take anywhere between 8 months to more than 1 year. It takes more time now, we cannot say for sure. Only after they get the naturalization certificate, then only they can request NVC to upgrade from F2A to IR1. Also if there was kids under F2A category, then once you get citizenship, the process might get complicated. I would better suggest a lawyer for more info if there are kids involved in your F2A category. In the meantime, if we wait till October, there is a possibility that the Priority dates becomes current under F2A category. Let's hope and pray for the best. Once the category changes to IR1, there wont be a huge wait time, maybe 1 or 2 months. You will get priority.
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I think from October the fiscal year starts. In the mean time I feel that they will clear all the old applicants who have been waiting who has priority dates before 08Sep2020.
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May 2023 Visa bulletin is out. Unfortunately there is no movement in the dates. Its the same as April 2023 visa bulletin. Looks like it is going to stay the same for some time now. Hope for the best the next few months.
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I think it’s 2022, because DQ 2021 is all done . you didn’t receive your interview letter because your priority date is not current I assume according to April visa bulletin. They can issue the interview letter only based on the visa bulletin . Hopefully the dates moves forward soon .
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We cannot predict exactly when you could expect your interview to be scheduled. We need to wait and see the next 2 or 3 visa bulletins in the next few months so predict a trend. If the final action dates moves ahead by 1 month every visa bulletin, then you can easily calculate when you will be eligible to get an interview. In your case since the PD is June 2021, I would predict to expect another 9 months if the above mentioned trend is followed, but you cannot say for sure. Worse case, if the dates doesn't move ahead in the next 2 or 3 visa bulletins, then I would expect the dates to move only by October Visa bulletin, that is when the new fiscal year starts and more visa numbers should be available by then. But I cannot say for sure, just an approximate guess.
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@Coconuting2, please share how your interview went when you get a chance.
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https://www.youtube.com/watch?v=PmFG_g4Xjw8&ab_channel=McBeanImmigrationTV This video gives a better explanation of the April Visa bulletin with respect to F2A category.
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I don’t think consulates can do anything about it . It’s the department of state and USCIS that decides how many visa numbers to allocate each month. The consulates can only conduct interviews for the cases sent to them from the NVC . And the NVC follows the visa bulletin. Only if the Priority date is current , then they can issue the visa . That’s the rule. Let’s hope for the best. The other option would be for your spouse to get US citizenship and convert it to immediate relatives category if they are eligible for the citizenship.
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Adjustment of Status is an option if you are already in the USA while petitioning I-130. There is an I-485 petition that you need to file at the time you file I-130. The I-485 petition can be filed by referring the Date of Filing chart in the visa bulletin, the second chart. Only if that chart is current, then you can file I-485 petition. Also that chart determine if you can send the documents to NVC after your I-130 is approved if you are going through consular processing abroad. But if you went for consular processing abroad, and is waiting for NVC to send you interview letter, then I don't think you can do Adjustment of Status. You could consult a lawyer if its an option.
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Depending on the number of visas available each month and number of applicants pending, it will vary, but historically it might move by 2 weeks to a month every visa bulletin . Some times they would not even move . It’s not in our control . Let’s hope for the best . Some times that’s true
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You will receive your interview letter if your priority date is before the date mentioned in the final action date on the visa bulletin. If not then you will have to wait for it to be current.
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Yes you are right . Final action dates will tell you when you will get the interview letter . The NVC can only send the letter if you priority date is current or before the date mentioned in the final action date in the visa bulletin . There is a quota of many visa that can be issued in family preferences categories.
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The April 2023 Visa bulletin is out. F2A category has retrogressed unfortunately in the final action date.
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J-1 Visa is a non-immigrant visa, the chances of rejection is almost certain when they apply for it because you are a possible immigrant and will not leave the US, since you already have immigrant visa case waiting for interview. You can consult an immigration lawyer for better clarity.
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