I am a U.S. Citizen I just got married to a woman from Brazil. We applied for change of status on I-485 for her and her son. Her sons rquest was denied because he turned 21 before the interview. Now My wife must apply for her son by using the I-130. I am confused. I have been told that it does not take long for the I-130 approval but takes 10 years before he will receive a green card to come to the U.S. And by others, they have said this is not true. I'm confused. Can anyone help? Thanks
Ken
Full Version: I-130 processing time
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of Permanent Residents to America
Yes thats true. If he remained under 21, he could get derivate status from his mother. But since he turned 21, he is now in a different category. This other category is limited int he number of visas granted each year, and there is quite a long wait.
Your step son is in the preference category of 2B, which currently has the prioirty date of 01DEC97 or about 10 years. If your wife becomes a citizen and your step son remains unmarried, he would be in first preference with a proiority date of 01JUN01 or about 6 years. Though considering that your wife cannot apply for citizenship for at least 3 years, its not much different time wise.
Your step son is in the preference category of 2B, which currently has the prioirty date of 01DEC97 or about 10 years. If your wife becomes a citizen and your step son remains unmarried, he would be in first preference with a proiority date of 01JUN01 or about 6 years. Though considering that your wife cannot apply for citizenship for at least 3 years, its not much different time wise.
QUOTE(Dan + Gemvita @ May 27 2007, 08:45 PM) 
Yes thats true. If he remained under 21, he could get derivate status from his mother. But since he turned 21, he is now in a different category. This other category is limited int he number of visas granted each year, and there is quite a long wait.
Your step son is in the preference category of 2B, which currently has the prioirty date of 01DEC97 or about 10 years. If your wife becomes a citizen and your step son remains unmarried, he would be in first preference with a proiority date of 01JUN01 or about 6 years. Though considering that your wife cannot apply for citizenship for at least 3 years, its not much different time wise.
Your step son is in the preference category of 2B, which currently has the prioirty date of 01DEC97 or about 10 years. If your wife becomes a citizen and your step son remains unmarried, he would be in first preference with a proiority date of 01JUN01 or about 6 years. Though considering that your wife cannot apply for citizenship for at least 3 years, its not much different time wise.
Thank you for the reply. You see, I had two appointments with immigration officers about the I-485 and was told that If I applied before my step son turned 21, he would not be denied. Of course, as I found out, this was a lie. Now we start the process for him under the I-130 and it looks like he won't be able to return to the states for about 10 years. So discouraging. Ken
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