USC vs Permanent Resident

[B&Ovi 6]

My petition is currently in TSC.  I am an USC.  I do not want to come off judgmental, however, the case processing time for a permanent resident is shorter than that of an USC in Texas service center.  I have heard that a USC has priority.  Is this not true then?

Edited August 20, 2018 by B&Ovi

[geowrian 22,335]

LPRs have to wait for the PD on the I-130 to become current before they can proceed with the process. Immediate relatives of a USC have no wait for the PD to become current...it is current immediately.

So for a spouse, you're looking at 2-2.5 years for a visa for an LPR, and ~12-15 months for a USC.

 

Edit: During periods of shorter processing timelines, USCs get the visa even sooner, while LPRs still have to wait the full time for the PD to become current (which typically varies from ~1.5-2.5 years for a spouse of an LPR / F2A preference category).

Edited August 20, 2018 by geowrian

[Becci391 339]

It usually goes by the priority date and not if the person is a Permanent Resident or a US-citizen.

 

I could be wrong though...

[B&Ovi 6]

2 minutes ago, geowrian said:

LPRs have to wait for the PD on the I-130 to become current before they can proceed with the process. Immediate relatives of a USC have no wait for the PD to become current...it is current immediately.

So for a spouse, you're looking at 2-2.5 years for a visa for an LPR, and ~12-15 months for a USC.

perhaps 2-2.5 yrs in NVC stage, but in USCIS LPR have a 5-7 month for case processing time, while a USC has 6.5-8.5 waiting period. the difference is not much, but every day counts. 

[geowrian 22,335]

8 minutes ago, B&Ovi said:

perhaps 2-2.5 yrs in NVC stage, but in USCIS LPR have a 5-7 month for case processing time, while a USC has 6.5-8.5 waiting period. the difference is not much, but every day counts. 

To clarify it further, the I-130 is just step 1 in the process. When the I-130 gets approved has little impact on when a permanent resident gets the visa. the Priority Date (PD) is what dictates the soonest they can be eligible for the visa since visas for LPRs are limited per year.

 

As for I-130 processing timelines, generally USCs are approved sooner as well, but there is no requirement for USCIS to do so.

In general, I-130s for an LPR are sent to CSC right now. Not all, but most tend to go there. The wait there is typically over a year for them. Some do end up elsewhere due to varying circumstances beyond what anybody here would know, but we're talking exceptions to the rule (expedites? stars in alignment? who knows).

 

Edit: A quick timeline search on VJ shows only 3 I-130s for a spouse or minor child of an LPR sent to TSC since April.

http://www.visajourney.com/timeline/k1list.php?cfl=0&op1=a&op2=d&op3=8&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=Texas Service Center&op66=All&op7=All&dfile=No&adv=

Edited August 20, 2018 by geowrian

[B&Ovi 6]

5 minutes ago, geowrian said:

To clarify it further, the I-130 is just step 1 in the process. When the I-130 gets approved has little impact on when a permanent resident gets the visa. the Priority Date (PD) is what dictates the soonest they can be eligible for the visa since visas for LPRs are limited per year.

 

As for I-130 processing timelines, generally USCs are approved sooner as well, but there is no requirement for USCIS to do so.

In general, I-130s for an LPR are sent to CSC right now. Not all, but most tend to go there. The wait there is typically over a year for them. Some do end up elsewhere due to varying circumstances beyond what anybody here would know, but we're talking exceptions to the rule (expedites? stars in alignment? who knows).

 

Edit: A quick timeline search on VJ shows only 3 I-130s for a spouse or minor child of an LPR sent to TSC since April.

http://www.visajourney.com/timeline/k1list.php?cfl=0&op1=a&op2=d&op3=8&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=Texas Service Center&op66=All&op7=All&dfile=No&adv=

 I am currently waiting for a I-130 approval and I am feeling today a bit anxious.  the VJ timelines are just a hand full of people world wide making a petition.  Further more, there are people on VJ that started a timeline and do not go back to finish it.  Thank you Geowrian for the insights!  

[geowrian 22,335]

Just now, B&Ovi said:

 I am currently waiting for a I-130 approval and I am feeling today a bit anxious.  the VJ timelines are just a hand full of people world wide making a petition.  Further more, there are people on VJ that started a timeline and do not go back to finish it.  Thank you Geowrian for the insights!  

True...VJ is only a small subset of the total petitioners. But it's best we have to go on, and generally the makeup is about the same. I didn't mean to imply that only 3 LPR petitioners were sent to TSC since April....just that only 3 from VJ were whereas the are over a thousand USC petitioners in the same timeframe on VJ. The point was that the vast majority are sent to CSC and wait there for considerably longer than those for a USC. They tend to time the I-130 approvals to be shortly before the PD becoming current...probably as to avoid longer waits than necessary but not put more resources into them than would have any benefit.

 

Anyway, I hope this makes the difference in processing times a bit more clear. As a USC spouse / beneficiary of a USc spouse, you will get an interview very likely in half the time or less than an LPR.

[B&Ovi 6]

1 minute ago, hellofromme said:

as geowrian explained, USC really do go faster, even if to you is doesnt seem like it. 

 

anyways, lots about USCIS is 'unfair' to many people. is it fair i see my fiance every couple of weeks and we own a house together, have a true LIFE together and have been together over 2 years but we have to sit in the same K1 line as someone who met some chick ONCE? nope, not in our book. but it is what it is. whining about it wont help. we still whine to each other about it, but online it wont do anything for anyone. 

good luck with your case, and waiting on line with others as well.  if you don't like my online post, please skip it.  good day to you.

[Illiria 980]

31 minutes ago, B&Ovi said:

good luck with your case, and waiting on line with others as well.  if you don't like my online post, please skip it.  good day to you.

This can come across as telling them not to post which is a violation of this message boards terms of service, it might not have been your intent but it could be interpreted as that.

 

For your own well-being fixating on other people’s timelines should be avoided, especially when the initial approval and getting to the US are two different things.

[mushroomspore 3,043]

1 minute ago, B&Ovi said:

online.

1. Estimated time range

   Form type

   Receipt date for a case inquiry

2. 5 Months to 7 Months
   Permanent resident filing for a spouse or child under 21
   January 22, 2018
3. 6.5 Months to 8.5 Months
   U.S. citizen filing for a spouse, parent, or child under 21
   December 14, 2017
4. 6.5 Months to 8.5 Months
   U.S. citizen filing for an unmarried son or daughter over 21
   December 14, 2017
5. 5 Months to 7 Months
   Permanent resident filing for an unmarried son or daughter over 21
   January 22, 2018
6. 6.5 Months to 8.5 Months
   U.S. citizen filing for a married son or daughter over 21
   December 14, 2017

 

Hmm, well the difference isn't that big and I don't believe USCIS "prioritizes" USC's over LPR's or vice versa. They have different teams taking care of different categories but it's not like the officers are being told, "Take care of the LPR applications before you start on USC ones." 

 

And as noted above, LPR's must wait for the PD to become current before their applications can even begin to be processed. Disclaimer: I don't know much about LPR applications because my spouse is a USC so that's all I really researched. But from what I understand, let's say LPR #1 files on 01/01/2018. On 01/01/2018, USCIS is actually now processing applications from 01/01/16. So it's estimated LPR #1 will have to wait until 01/01/2020 for their application to become current and they are have a visa available to be granted to them within the processing times above.

 

Compare that to a petition by USC #2 who files on 01/01/2018. USC #2 doesn't have to wait for their PD to become current so the entire process is done in about a year or so. So around 01/01/2019, they can expect their visa to be approved within the processing times above. 

 

In any case, LPR's go through a slightly different process and it's not worth trying to compare with the process for a USC petition. In my mind, not having to wait for your PD to become current is a big enough advantage that I'm willing to deal with a month or so of extra waiting time. It's USCIS. They finish their cases when THEY finish them. We're not privy to their inner workings so why bother trying to figure out a pattern or some divine design??

[geowrian 22,335]

1 minute ago, mushroomspore said:

And as noted above, LPR's must wait for the PD to become current before their applications can even begin to be processed. Disclaimer: I don't know much about LPR applications because my spouse is a USC so that's all I really researched. But from what I understand, let's say LPR #1 files on 01/01/2018. On 01/01/2018, USCIS is actually now processing applications from 01/01/16. So it's estimated LPR #1 will have to wait until 01/01/2020 for their application to become current and they are have a visa available to be granted to them within the processing times above.

USCIS would still process the I-130 sooner than the PD being current, but it won't go through NVC until the PD is current. Which is why the idea of expedites for LPR petitioners (and USC petitions on a non-immediate relative) makes no sense to me as even being an option. Hurry up and process my case...then wait just as long as everybody else anyway. ¯\_(ツ)_/¯

[B&Ovi 6]

Just now, mushroomspore said:

Hmm, well the difference isn't that big and I don't believe USCIS "prioritizes" USC's over LPR's or vice versa. They have different teams taking care of different categories but it's not like the officers are being told, "Take care of the LPR applications before you start on USC ones." 

 

And as noted above, LPR's must wait for the PD to become current before their applications can even begin to be processed. Disclaimer: I don't know much about LPR applications because my spouse is a USC so that's all I really researched. But from what I understand, let's say LPR #1 files on 01/01/2018. On 01/01/2018, USCIS is actually now processing applications from 01/01/16. So it's estimated LPR #1 will have to wait until 01/01/2020 for their application to become current and they are have a visa available to be granted to them within the processing times above.

 

Compare that to a petition by USC #2 who files on 01/01/2018. USC #2 doesn't have to wait for their PD to become current so the entire process is done in about a year or so. So around 01/01/2019, they can expect their visa to be approved within the processing times above. 

 

In any case, LPR's go through a slightly different process and it's not worth trying to compare with the process for a USC petition. In my mind, not having to wait for your PD to become current is a big enough advantage that I'm willing to deal with a month or so of extra waiting time. It's USCIS. They finish their cases when THEY finish them. We're not privy to their inner workings so why bother trying to figure out a pattern or some divine design??

Thank you!!! the thing is on USCIS website when you check case processing time, this is not explained or broken down.  thank you for your time and intellect. 

[mushroomspore 3,043]

2 minutes ago, geowrian said:

USCIS would still process the I-130 sooner than the PD being current, but it won't go through NVC until the PD is current. Which is why the idea of expedites for LPR petitioners (and USC petitions on a non-immediate relative) makes no sense to me as even being an option. Hurry up and process my case...then wait just as long as everybody else anyway. ¯\_(ツ)_/¯

Okay gotcha. Yeah it's really just best for all applicants and petitioners (for all categories) to accept immediately that they won't know anything until USCIS notifies them and it's gonna take as long as it takes. It ain't comfy for any of us.

 

2 minutes ago, B&Ovi said:

Thank you!!! the thing is on USCIS website when you check case processing time, this is not explained or broken down.  thank you for your time and intellect. 

LOL they don't explain much, to be honest. They insist on being super impenetrable. Sibling green card petitions can take up to ten years or more to process because of the wait times. Same thing if you're from certain countries. USCIS has a limit on how many green cards they issue to people from other countries. So for people from India or China, the wait times are outrageous (I think I saw it could be anywhere from 40-150 years?!). So basically, you have to wait out the years until your place in the line lands in a year where you're no longer cut off from the limit.

[B&Ovi 6]

10 minutes ago, Illiria said:

This can come across as telling them not to post which is a violation of this message boards terms of service, it might not have been your intent but it could be interpreted as that.

 

For your own well-being fixating on other people’s timelines should be avoided, especially when the initial approval and getting to the US are two different things.

I had a question.  and the responses from two were down right rude.

 you're right, it is two different things and I'm learning that through out the process.   my question was solely based on USCIS case processing.  the website breaks us down into catergory. 

[B&Ovi 6]

15 minutes ago, mushroomspore said:

Okay gotcha. Yeah it's really just best for all applicants and petitioners (for all categories) to accept immediately that they won't know anything until USCIS notifies them and it's gonna take as long as it takes. It ain't comfy for any of us.

 

LOL they don't explain much, to be honest. They insist on being super impenetrable. Sibling green card petitions can take up to ten years or more to process because of the wait times. Same thing if you're from certain countries. USCIS has a limit on how many green cards they issue to people from other countries. So for people from India or China, the wait times are outrageous (I think I saw it could be anywhere from 40-150 years?!). So basically, you have to wait out the years until your place in the line lands in a year where you're no longer cut off from the limit.

each country also has a certain amount of visas that are issued yearly too, right?