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CSPA and i130 approval date

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Filed: Citizen (apr) Country: Mexico
Timeline

My parents in law just became LPR last week and want to apply for her now 20 year old daughter in Mexico. She will turn 21 in around 7 months. She is from Mexico so it means that visa availability will take around 1 1/2 years from today. I understand how CSPA calculation works. However, if the i-130 gets approved in only 5 months which is the time frame the USCIS websites gives (given the i130 is submitted now), its almost impossible she will be protected under CSPA because she will turn out to be just over 21 years.

However, I have read in unofficial websites that USCIS will only process her i130 until a visa becomes available. Therefore, this will increase her changes of her staying in F2A preference because her i-130 will be pending for much longer than around 5 months. But is this true though?

My Timeline - From when I became resident to now

My Photos - As time has passed by

VisaJourneySignature.JPG

N-400: Citizenship (Applying pursuant to INA 319(b))
Service Center : Fairfax, VA
CIS Office : Fairfax, VA
Date Filed : 15-Aug-2014
Bio. Appt. : 09-Sep-2014 (issued by error as applicant had already taken fingerprints overseas).
Bio. Appt Corrected. : 14-Sep-14 (Bio appt canceled by immigration since application already included fingerprint card).
Interview Appointment Received via E-Mail : 25-Nov-14
Interview Date, Place, and Status: 09-Dec-14 in Fairfax, VA (Accepted)
Same Day Oath Ceremony: 09-Dec-14
US Passport Received: 11-Dec-14
Comments : Applied pursuant to INA 319(b) on the basis of marriage to a U.S. citizen who is or will be regularly stationed abroad. Application sent to the Virginia office. Fingerprints taken at overseas embassy and sealed on enveloped to be sent with N-400 application.

I-130: IR-5 Visa (Wife Petitioned Parents)
Service Center : N/A
Consulate : Juarez, Mexico
I-130 Sent to Phoenix PO Box : 17-Feb-15
I-130 NOA1 : 24-Feb-15 (Routed to Nebraska Service Center)
I-130 NOA2 : 24-Jul-15 (Exactly 5 months or 150 days from NOA1)
NVC Received I-130 : 10-Aug-15
NVC Produced Case Number: 16-Aug-15
Received NVC Letter with Case Numbers: 24-Aug-15
Submitted DS-261 Online Forms: 25-Aug-15
Resubmitted one DS-261 as made a mistake: 25-Aug-15
Payed AOS Fees: 25-Aug-15 (USD 120.00 for both)
Sent I864: 07-Sep-15
Paid IV Fee: 29-Sep-15 (USD 325.00 for each)
Submitted DS-260: 06-Oct-15
I864 Reviewed: 07-Oct-15 (2014 W2 missing but NVC will proceed with interview as long as applicant takes it to interview)


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It might take longer than five months for the I-130 to be approved (USCIS won't rush to do so since a visa number isn't immediately available, as you say - and you want it to take as long as it can). I doubt it will be long enough to prevent her from aging-out into F2B, however.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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