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Irelandliz

Permanent Resisent has petitioned her adult daughter to come to US

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My sister won her green card with the diversity visa program and is planning on emigrating to the US end of April 2018.  She petitioned for her adult daughter who is 26 to get her green card in December 2016 and received receipt of her application & fees in January 2017.  She will be emigrating from South Africa.  My question is does it make any difference what country the application is from?  Is it possible to have an I-130 approved in 12-18 months as an agent at NCSIS told us or do all of these applications take several years?  Thanks so much

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Filed: FB-1 Visa Country: Lithuania
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1 hour ago, Irelandliz said:

My sister won her green card with the diversity visa program and is planning on emigrating to the US end of April 2018.  She petitioned for her adult daughter who is 26 to get her green card in December 2016 and received receipt of her application & fees in January 2017.  She will be emigrating from South Africa.  My question is does it make any difference what country the application is from?  Is it possible to have an I-130 approved in 12-18 months as an agent at NCSIS told us or do all of these applications take several years?  Thanks so much

It takes ~7 years for adult children to receive a visa.

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Filed: K-1 Visa Country: Wales
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She has a time machine?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Irelandliz said:

My sister won her green card with the diversity visa program and is planning on emigrating to the US end of April 2018.  She petitioned for her adult daughter who is 26 to get her green card in December 2016 and received receipt of her application & fees in January 2017.  She will be emigrating from South Africa.  My question is does it make any difference what country the application is from?  Is it possible to have an I-130 approved in 12-18 months as an agent at NCSIS told us or do all of these applications take several years?  Thanks so much

I don’t understand the timeline, how could she sponsor her daughter over a year ago when she hasn’t emigrated yet? If what you mean is that she received a green card in 2016 but has been living in SA since then and only planning to move permanently in April (the only way I can make sense of the dates you’ve given), she could well have lost her green card through abandoning residency. 

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Filed: Citizen (apr) Country: Argentina
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that makes 2 of us

 

how can she have filed for a petition for her daughter if she hasn't been living in the US?

 

she will be immigrating now and she filed for her daughter 2 years ago?

 

something's not right, it doesn't add up

 

 

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Filed: Citizen (apr) Country: Nigeria
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  I think the green card holder entered the US to activate the visa and then filed for the daughter and is still cleaning up life full time in April .   Hopefully she has a reentry permit.   Assuming she is still a resident ,  there is a long wait for adult children,

This will not be over quickly. You will not enjoy this.

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I agree...the timeline is not clear. Maybe she activated the visa already and then returned "home" to close out whatever is needed? That is common with DV holders. However, if she petitioned in 2016 then she would have activated the visa by 2016....and coming back to the US in 2018 is over a year later, which questions if residency was abandoned due to being abroad so long.

 

2 hours ago, Irelandliz said:

 Is it possible to have an I-130 approved in 12-18 months as an agent at NCSIS told us or do all of these applications take several years?

The I-130 may take about that? Maybe not. But that won't impact when an immigrant visa number becomes available (aka "her PD becomes current"). That piece will still take ~7-10 years from I-130 filing. So even if the I-130 is approved in 12-18 months, it will just sit at NVC for the rest of the time. There's no way to speed that up either (not even an expedite).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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29 minutes ago, NigeriaorBust said:

  I think the green card holder entered the US to activate the visa and then filed for the daughter and is still cleaning up life full time in April .   Hopefully she has a reentry permit.   Assuming she is still a resident ,  there is a long wait for adult children,

Yep, if that’s the case she would need to have had a reentry permit. She may be trying to do the land every 6 months thing or something but that would still leave a questionmark for April.

 

 

Edited by SusieQQQ
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Yes my sister has been in and out of the states frequently since she got her green card and she had to tidy up everything in South Africa  She rerired. She sold her house and is busy now arranging her pension, monies etc  we didnt realise initially that her daughter could petition to come with her and only did so once we realised we could,  however none of us realized there was such a long wait!!!  

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7 hours ago, NigeriaorBust said:

  I think the green card holder entered the US to activate the visa and then filed for the daughter and is still cleaning up life full time in April .   Hopefully she has a reentry permit.   Assuming she is still a resident ,  there is a long wait for adult children,

Yes you are exactly right!!  We did not realise that she COULD petition for her daughter and only did so immediately she realised she could.  At the time the INS agent told her that her daughter  should  receive her green card in 12-18 months so my sister in the meantime has been closing up all her accounts etc and plans to emigrate in April.

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The INS agent was wrong. It will take the daughter closer to 10 years before she will get her green card. Maybe the agent thought she was an under 21 minor child (shrugs shoulders).

 

This is one of those good news/bad news situation. The good news is that you discovered you CAN petition for your adult dayghter. The bad news is that it will take a long time.

 

Best of luck to you!

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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1 hour ago, Irelandliz said:

Yes you are exactly right!!  We did not realise that she COULD petition for her daughter and only did so immediately she realised she could.  At the time the INS agent told her that her daughter  should  receive her green card in 12-18 months so my sister in the meantime has been closing up all her accounts etc and plans to emigrate in April.

Look at the monthly visa bulletin to see the priority date for F2B, the relevant category. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-february-2018.html

They are currently processing cases with a priority date of January 2011. And not always, but the lag tends to increase over time. There is no way your niece will receive her card anytime within the next few years. She may move up if your sister becomes a citizen while waiting as her category would change, but it wouldn’t necessarily be an improvement in date. Agree that what your sister was told sounds like the agent thought she meant a minor child. Also note that if your niece gets married before your sister becomes a citizen while still waiting for her priority date to become current, the petition will lapse.

 

Has your niece been visiting as well? Bear in mind that depending what she does, if she doesn’t already have a tourist visa she may find it more difficult to get one with a filed immigrant petition for her. The SA consulates have been refusing more and more tourist visa applications as more people have been overstaying visas. If she doesn’t have a decent job and preferably own property in SA she might not be able to come visit your sister while she’s waiting for her green card.

Edited by SusieQQQ
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INS agent? You're making me feel old! :P The INS stopped existing in the early 2000s.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Wales
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Well she is 26 now. quite possible married and settled down before her priority date becomes current so all this may be moot.

 

Sister sounds wealthy so no doubt can make sure daughter is set up OK before she leaves.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, Boiler said:

Well she is 26 now. quite possible married and settled down before her priority date becomes current so all this may be moot.

 

Sister sounds wealthy so no doubt can make sure daughter is set up OK before she leaves.

Re 2nd point, yup, and rands go a much longer way in SA than in the US! Flip side is funding retirement in the US, especially medical, costs a lot more.

 

if no change in chain migration they can restart the immigration process if kid gets married after mom becomes a USC and settle down for another long wait...

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