I received a letter today from NVC stating that they have completed processing our case and forwarded our file to the US embassy in Moscow. They state "Note that certain visa categtories will not be scheduled for an interview until the case's priority date is eligble." The priority date given is March 16, 2006. My wife will get a CR1 visa.

Can somebody explain how this priority date works? I did a search of the postings and nothing came up.

Thanks,

Bob

Priority date is the date that an alien initially filed his/her case to immigrate to the United States by applying for an immigrant visa and does not effect CR1/IR1.


VISA Bulletin

What is a Priority Date?
Priority date is the date that an alien initially filed his/her case to immigrate to the United States by applying for an immigrant visa. For family-based applicants, this is the date the USCIS first received the immigrant petition (Form I-130) filed on the alien's behalf. For employment-based applicants, this is the date PERM (an application for labor certification) is received by the DOL, or the date an immigrant preference petition (Form I-140) was filed, if no labor certification is required.

What is a cut-off date?
Since certain aliens are subject to restrictions on the annual immigrant visa quota and the quota is full for some categories, the State Department publishes a monthly waiting list based on the priority date to regulate who is eligible to apply for adjustment of status to permanent resident (Form I-485) or Consular Processing. On the list, the State Department provides a date for each category of preferences for both family-based immigrant applications and employment-based immigrant applications. This date is known as cut-off date. The State Department determines the cut-off dates by viewing the priority date of first applicant who could not file for adjustment of status due to the previous month’s dates and quota.

What is the significance of the priority dates and the cut-off dates?
For those aliens who are subject to the annual immigrant visa quota, the priority date and the cut-off date determine when they can file an application to adjust status to permanent resident (Form I-485) or Consular Processing. If their priority date is earlier than the cut-off date published by the State Department, then they may apply for adjustment of status. Otherwise, they must wait until the cut-off date pass their priority date. Therefore, the earlier the priority date is, the quicker the alien is eligible to get his/her green card.



Here is some background information.

Priority dates are given to family based immigration visas. Typically immigration visas for spouses are not constrained by priority dates. Visa's for siblings/parents/or Children over the age of 21 are given a priority date based on the number of visas that are available for any given country.

I hope I have explained this correctly. Regardless, I know for sure that a spousal visa is not restricted by the priority date so you shound be fine. You should get out the NVC website for more details on the priority dates.

Good luck.

dont worry about the priority date. In 2 or 3 weeks, call NVC and ask them the status of your case if they send ur case to ur beneficiary's embassy. you might get the interview schedule in month or 2. Anyway Congratulation

You are correct with one stipulation. Immigration visas for spouses of US Citizens do not wait in line for available priority dates. When a permanent resident files the same petition the priority dates do apply.

You are correct with one stipulation. Immigration visas for spouses of US Citizens do not wait in line for available priority dates. When a permanent resident files the same petition the priority dates do apply.