I-130 for step daughter and grand daughter

[AT Thru]

We decided to file the I-130 for my wife 30 year old single daughter. I wanted to have her apply for visitor visa first but she got advice from an agency in China that there is no way her daughter would get a visitor visa while we wait out the I-130 process.

We received the I-797 and were assigned to California service center WAC********** My question is does the 6 to 7 year wait start from the day they received the application? I see that at that service center they are working on May 2015 for approvals of unmarried children over 21 was hoping the clock doesn't start ticking after the approval. Can anyone who was in this situation share how that works when the clock starts...Thank you

 

[Randy W]

You are assigned a "priority date", which should be on the I-797 that you received. Compare this date against the Visa Bulletin to see which dates they are currently working on (and how long your expected wait is). Yes, they are currently working on May, 2015. This means that your expected wait time for an "available visa number" is less tha 2 years.

 

They are much more liberal these days about issuing visitor's visas. You might give it a try.

Edited March 17, 2017 by Randy W (see edit history)

[AT Thru]

Ok , So they go by the priority date that we just got from submitting the application , so about seven years from March 11th ,2017. That's good I thought it might start after receiving the available visa number which would of added 2 years. Going to try and convince my wife to have daughter apply for visitor visa, she was hesitant because 165 to apply but another 300 for traveling to consulate.

[Randy W]

Ok , So they go by the priority date that we just got from submitting the application , so about seven years from March 11th ,2017. That's good I thought it might start after receiving the available visa number which would of added 2 years. Going to try and convince my wife to have daughter apply for visitor visa, she was hesitant because 165 to apply but another 300 for traveling to consulate.

 

 

Right now it's looking like TWO years, or Jan., 2019 - not seven. At that time, it will be processed through to interview over the next few months. There is no further wait.

Edited March 17, 2017 by Randy W (see edit history)

[dnoblett]

Wouldn't this fall under F2B priority?

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

 

March: F2B 15AUG10 (Aug 15, 2010)

 

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-march-2017.html

 

And yes, I believe the grandchild would be eligible to get a derivative visa if the timing for their green-card after interview would happen before their 21st birthday.

[Randy W]

Wouldn't this fall under F2B priority?

 

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

 

March: F2B 15AUG10 (Aug 15, 2010)

 

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-march-2017.html

 

And yes, I believe the grandchild would be eligible to get a derivative visa if the timing for their green-card after interview would happen before their 21st birthday.

 

 

Yes, you're right! I was going down the chart and stopped too soon when I got to LPR. Sorry 'bout that! F2B is the correct category.

 

Yes, it will be an (expected) seven year wait until the processing can begin.

[dnoblett]

More on the grand-daughter derivative visa case...

 

A child can be a derivative beneficiary if two requirements are met. First, the son or daughter has to qualify as a child under U.S. immigration law. Broadly speaking, this means the child is unmarried, under age 21, and either a biological, adopted, or step-child.

 

Second, the parent (the “lead beneficiary”) must be eligible for a type of immigrant visa that allows for “derivative beneficiaries,” meaning relatives who have the right to “accompany or follow to join” the lead beneficiary. The law allows derivative beneficiaries to receive LPR status because of their relationship with the lead beneficiary rather than their relationship with the petitioner.

 

Fortunately, figuring out whether a relative is eligible for a type of immigrant visa that allows for derivative beneficiaries is simple, because only one immigrant visa category does not do so: the so-called “immediate relative” category. The “immediate relative” category includes a U.S. citizen's parents, spouse, and unmarried children under 21 years of age. (For more information about these categories, see "Green Card Through a U.S. Family Member: Who Qualifies?"). So, people who immigrate in the first, second, third, or fourth visa preference categories can bring their unmarried children along.

http://www.nolo.com/legal-encyclopedia/when-children-can-immigrate-the-us-with-their-parents-derivatives.html

[AT Thru]

Ok still a little confusing, Does her clock start ticking now that we have a priority date even though it has not been approved yet or is it 7 years from approval? If 7 years from approval that could take 9 years ( 2 to approval and 7 to be called) Also when my wife sent in I-130 for her over 21 daughter she did list grand daughter on form section C where it asks to list spouse or children of relative. Do we have to do a spate petition for grand daughter now or does daughter do that later?

[dnoblett]

Ok still a little confusing, Does her clock start ticking now that we have a priority date even though it has not been approved yet or is it 7 years from approval? If 7 years from approval that could take 9 years ( 2 to approval and 7 to be called) Also when my wife sent in I-130 for her over 21 daughter she did list grand daughter on form section C where it asks to list spouse or children of relative. Do we have to do a spate petition for grand daughter now or does daughter do that later?

It starts ticking at the priority date listed on the I-797C NOA receipt letter, quite often USCIS will place the petition in cold storage until it is closer to the time DOS is about to issue numbers based on the priority date, so it can be a couple years before they pull the case and process it to approval.

 

My wife filed a petition for her sibling a couple years ago, all we have so far is just the receipt letter with priority date, we don't expect any movement by USCIS for several more years.

[Randy W]

There IS no clock - processing is based on your priority date. When they get to the date in the Visa Bulletin, they will process your petition.

 

They simply process the petitions in the order that they were filed, until they get to yours. If fewer petitions are being filed, then your turn could come up SOONER than the seven years. Watch the Visa Bulletin to see what progress they're making toward YOUR priority date. It can (and DOES) vary.

[dnoblett]

Ok still a little confusing, Does her clock start ticking now that we have a priority date even though it has not been approved yet or is it 7 years from approval? If 7 years from approval that could take 9 years ( 2 to approval and 7 to be called) Also when my wife sent in I-130 for her over 21 daughter she did list grand daughter on form section C where it asks to list spouse or children of relative. Do we have to do a spate petition for grand daughter now or does daughter do that later?

As for separate petition for granddaughter. No, you don't file a separate petition, when the time comes to apply for the actual visa at the NVC stage, your step daughter would file a DS-260 visa application for herself and another DS-260 application for her child as a derivative visa based on her visa petition.

[AT Thru]

Thank you guys that cleared it up for me! Truly appreciate the advice and the experience on here.

[newacct]

The wait for visa numbers and the wait for the I-130 to be approved run in parallel (they both count from the time of filing of the I-130). The I-130 should be approved long before a visa number becomes available. Note that actually it is better for the I-130 to take LONGER to approve rather than shorter (as long as it's shorter than the wait for visa numbers), because the length of time the petition is pending is subtracted from a child's age for determining aging out purposes under CSPA. This is probably not an issue in this case since the grandchild is likely still very far from aging out.

[Randy W]

The wait for visa numbers and the wait for the I-130 to be approved run in parallel (they both count from the time of filing of the I-130). The I-130 should be approved long before a visa number becomes available. Note that actually it is better for the I-130 to take LONGER to approve rather than shorter (as long as it's shorter than the wait for visa numbers), because the length of time the petition is pending is subtracted from a child's age for determining aging out purposes under CSPA. This is probably not an issue in this case since the grandchild is likely still very far from aging out.

 

 

This is correct - when you get an approval notice, it does NOT mean that the visa is ready to be processed for interview at the Consulate.

[dnoblett]

The wait for visa numbers and the wait for the I-130 to be approved run in parallel (they both count from the time of filing of the I-130). The I-130 should be approved long before a visa number becomes available. Note that actually it is better for the I-130 to take LONGER to approve rather than shorter (as long as it's shorter than the wait for visa numbers), because the length of time the petition is pending is subtracted from a child's age for determining aging out purposes under CSPA. This is probably not an issue in this case since the grandchild is likely still very far from aging out.

 

I do like you pointing out of the CSPA math, my nephew will be a derivative visa based on sister-in-laws petition and the longer it takes USCIS to approve the petition the the better for the nephew who may be in his late teens by the priority date, from my estimates about 11 years from now.