How long for the whole process?

[danb1978 15]

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

[Hypnos 6,576]

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.

[danb1978 15]

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?

[Hypnos 6,576]

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 November 4, 2014 by Hypnos

[danb1978 15]

Ok, thanks for all your info and your quick replies. You have been a great help. I guess i'll have to wait then.

[Hypnos 6,576]

Good luck.