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Posted

My mother and I are both currently living in California. My mom is a US citizen. She applied family based immigration for me in 2016(I was in California at that time). I was married by the time she submit the petition, and we received the receipt for I-130.

However, I now divorced and my marital status is single. About a month ago, my mom mailed a request to USCIS California Service Center to upgrade my case from category F3 (married son or daughter of a US citizen) to F1 (Unmarried adult son or daughter of a US citizen). In the mail we included a letter from my mom stating the situation, a copy of my divorce document, and a copy of I-130 receipt. As of today, we still haven't received anything from the center. My question now is:

 

1) Is USCIS California Service Center the right place to submit this request given that we both live in California? If not, where is the right place?
Or,

2) Is this actually the right way to request the change? If not, how can we do this?
 

Additional Question:

How long does it usually take for us to get the I-130 approval?

 

Thank you

 

Posted
  1. That's fine, or wait until it's at NVC and do it there.
  2. See above.

Current processing timelines for an I-130 at CSC is here: https://egov.uscis.gov/cris/processingTimesDisplay.do

The typical processing timeline is 25.5 to 33 months for F1 right now.

 

That said...

The I-130 approval doesn't mean much on its own. You must wait for the Priority Date (PD) to become current before you can proceed through NVC.

For F1 preference from not an oversubscribed country (Mexico, India, China, Philippines), the current PD is April 2011, which is 7 years ago. So expect roughly 7-10 years (it's progressing less than 1 year per 12 months on average) from the initial I-130 filing until the PD is current and the case will proceed past NVC.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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