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danb1978

How long for the whole process?

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Hi,

I've sent in my i-130 form and it has been received by the Californian office in August 2014. I am classed in the "Unmarried son or daughter over 21 of a US Citizen" category. On the USCIS website it says currently that this takes on average 7.6 months for this form to be processed. Then i think i need to apply for the i-485 form. This currently says 4 months to process. So i was thinking that the whole process would take around a year. I read somewhere today though that you have got to wait for a "Priority date" once your i-130 has been processed. And I saw on a website today that for a British Citizen applying as a son or daughter over the age of 21 of a US Citizen the priority date is Jun 07. So does this mean that the whole process will take around 7 years rather than a year? I'm hoping that i've got it wrong somehow and that it won't take that long. Can someone give me an idea of if this is correct or not?

Many thanks in advance

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Since you are not an immediate relative of a US citizen then you must wait for your priority date to become current before you can proceed with your application. You are applying under the F1 category, which will take ~7 - 8 years at current wait times to become current. There is nothing you can do but wait.

If you are already in the US under a lawful nonimmigrant status then you must maintain that status at all times to be able to adjust once your priority date becomes current. Even a single day of overstay would render you ineligible to adjust, and you would instead need to pursue an immigrant visa at the appropriate time. It's unlikely you would be able to maintain a lawful nonimmigrant status for seven years, however. You would likely need to depart the US at the end of your period of authorised stay and then obtain an immigrant visa once your priority date became current around 2021.


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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Hi, thanks for the quick reply. Just to make sure i'm reading everything correctly. When you say that I am not an immediate relative of the US citizen, is that because i am over the age of 21? It is my father who is the US citizen, who I would of course class as an immediate relative. But am i correct in saying that once i reached the age of 21, I am no longer classed as an immediate relative?

I currently reside in the UK, am i able to visit my father for a holiday during the wait until my Priority Date becomes current?

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Correct, you ceased to be an immediate relative once you turned 21. You listed on your profile that you had filed for an F-1 visa, which is not the same thing as the F-1 family preference category, and that's why I thought you may already be in the US.

You can continue to visit the US on the VWP whilst you wait for your priority date to become current.

Edited by Hypnos

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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Good luck.


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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