USCIS says I-130 approved?

[MarcRosie]

My wife is worrying about the I-130 we're going through for her daughter. The letter we just received from USCIS says her visa has been approved and that all papers will be sent to NVC and then the appropriate consulate in China. My wife believes she has not been approved, but in fact it's up to NVC after they review the papers and that even Guangzhou could deny it. I guess I believe what the 797 we got says, and that is that she has been approved for the visa and now it's just everyone else crossing the t's and dotting the i's. Any experience with this would be appreciated.

 

Marc

[Randy W]

My wife is worrying about the I-130 we're going through for her daughter. The letter we just received from USCIS says her visa has been approved and that all papers will be sent to NVC and then the appropriate consulate in China. My wife believes she has not been approved, but in fact it's up to NVC after they review the papers and that even Guangzhou could deny it. I guess I believe what the 797 we got says, and that is that she has been approved for the visa and now it's just everyone else crossing the t's and dotting the i's. Any experience with this would be appreciated.

 

Marc

 

What has been approved is your I-130 petition. This approval makes her daughter eligible to APPLY for a visa, which she has not yet done. Follow through the process and the instructions you receive, and she shouldn't have any trouble from here.

 

But no - her visa has NOT been approved - she hasn't even applied for it yet. She will do this by filing a DS-260 Immigrant Visa Electronic Application AFTER she has received notice to do so.

 

Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

 

[dnoblett]

Yes approved, however it will then go to NVC. Where it will wait 6-7 years for a visa number to become available. There are a limited number if visas available each year in the F2B class.

 

Same question and situation the other day.

http://candleforlove.com/forums/topic/46172-i-797-approval-notice-for-daughter-i-130/

[MarcRosie]

Her daughter was 20 years old when we filed the 130 petition. As I understood it, her age is frozen at 20 then and the visa is processed as her being an F2A. Took them 18 months to send us anything and then it was an RFE, which we took care of.

[dnoblett]

Her daughter was 20 years old when we filed the 130 petition. As I understood it, her age is frozen at 20 then and the visa is processed as her being an F2A. Took them 18 months to send us anything and then it was an RFE, which we took care of.

I would give it a couple weeks and then contact NVC and ask about this, from the Bulletin F2A petitions filed before this past September qualify for a visa number.

 

Class F2A (China) Petition filed before: 08 SEP 13

http://travel.state.gov/visa/bulletin/bulletin_6062.html

 

NVC: 603-334-0700 http://travel.state.gov/visa/about/how/how_1463.html Provide them Name and Age of both petitioner (Mother) and beneficiary (Daughter)

 

There actually may be a light at the end of this tunnel your stupid lawyer tossed you into.

[MarcRosie]

Thanks Dan! The 797 we received says the Notice type is for an F2A with a priority date of December 6, 2011. We'll give it some time. They say we we have to wait a minimum of 30 days after receipt of the 797 and then can only contact them by email.

[dnoblett]

Yes it sounds like this is covered under CSPA (Child Status Protection Act) Age clock stops at petition filing, and processing time is subtracted from age.

 

Here is a calculator I found to help understand CSPA.

 

http://www.immihelp.com/immigrant-visa/cspa-calculator/

[MarcRosie]

Thanks again Dan! Looks like we possibly might be OK. Hate to get my or especially my wife's hopes up, as we've been let down many times throughout this whole visa process...from beginning to now. In going to the calculator you linked it says we are eligible for the visa under the F2A category. I pray this is true. My wife would be crazy happy! Which as you know, makes us men crazy happy too. Thanks again!!