Applying for 21 year-old step-son in the States: I-130 again...

[KevinNelson]

Hi folks,

 

Now that I have my wife in the States, we want to start the process for her son, my step-son, who was 20 when we got married, but over 21 by the time she got her CR-1 visa. I now have the following questions:

 

1. Is there any information we need to send with the I-130 application, other than the hefty check of $420?

2. About when will they request any other information, if not sent with the application?

3. Any ideas about what the current wait times are for a person to get through the que? (In other words, about how much time may it take for my step-son to get to the States? We heard it is about seven years.)

4. I will be out of the States for the next nine months, almost immediately following the I-130 submission. Would there possibly be anything too complicated for me to do over the phone with my father for getting documents to USCIS? Anything that might require a signature?

 

 

[dnoblett]

Note, your spouse will be the petitioner in this case.

1. Attached will be:

• A copy of your alien registration card
• A copy of the child's birth certificate showing your name and the child's name
• If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

 

2. Any RFE would happen in a month or two, sometimes less, my wife filed a petition for her sister, she made out the payment in the wrong amount, the petition was sent back to us about two weeks after sending it.

3. Current bulletin shows they are assigning numbers to F2B cases filed Nov 2008 so about 7 years more or less depending on numbers assigned in other classes at the time. http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html

4. Nothing other than a possible RFE response.

[dnoblett]

One more thing, if step son were to marry while waiting, this derails things unless your spouse is or becomes a US Citizen before he marriies.

[warpedbored]

My wife became a US citizen in 2008 she filed an I-130 for her son in Oct 2008. US citizen filing for unmarried son or daughter over 21. They are currently processing cases for F-1 Nov 2007. Sons or daughters of LPR over 21 are F-2B which is 23% of F-2A. 2nd preference.is showing as Nov 2008. This puzzles me since first priority should be faster than 2nd priority. General consensus has always been file as an LPR and when you can become a US citizen and change the priority. Now I'm not so sure. Dan can you explain this?

[Randy W]

My wife became a US citizen in 2008 she filed an I-130 for her son in Oct 2008. US citizen filing for unmarried son or daughter over 21. They are currently processing cases for F-1 Nov 2007. Sons or daughters of LPR over 21 are F-2B which is 23% of F-2A. 2nd preference.is showing as Nov 2008. This puzzles me since first priority should be faster than 2nd priority. General consensus has always been file as an LPR and when you can become a US citizen and change the priority. Now I'm not so sure. Dan can you explain this?

 

 

The processing dates are determined by numerical limitations. Making up some numbers here, in a category where, say 10,000 people have applied, but only 5,000 visa numbers are allocated, the wait might be two years. But in a lower priority category where only 2,000 visa numbers are allocated and only 3,000 people have applied, the wait might be only 18 months.

 

That is, the category with 10,000 petitions in line would require 2 years to process if only 5,000 are processed n one year. But the category with 3,000 petitions in line would only require a year and a half to process at a rate of 2,000 per year.

 

Your preference date is set when the petition is filed, so it's almost always to your advantage to file as soon as possible, and then change categories later. I believe there is a provision to NOT change categories if it's not to your advantage to do so, or for some spill-over when there are unused visa numbers.

[dnoblett]

Another factor with the visa number allotments, are whatever is not used in one category will be used in another, so the waiting time can vary depending on leftover numbers.

 

Typically:

• F4 --> F1
• F1 --> F2A
• F2A --> F2B
• F1, F2A and F2B --> F3
• F1, F2A, F2B, and F3 --> F4

http://travel.state.gov/content/visas/english/immigrate/family/family-preference.html