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ML834

IR5 availability and FB2B Background check

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Hello VJers!

I am a USC. I may petition my mother from the Dominican Republic to the US. I read the guides and am curious about the processing time. IR5 visas are immediately available once the petition is approved, right? Approximately how long will it take for the petition to be approved? I read "generally 6mos to a year", but can't find it on the visa bulletin. I have a few more questions and summarized below:
 

1) Approximately how long will it take for the petition for my mom to be approved (assuming no difficulties)

 

2) Also, if my mother were to come to the US and get her green card, will she immediately be eligible to petition her son (my brother) from the DR?

 

3) If my brother is petitioned, do they do his background check immediately before they approve him or wait 6-7 years until his visa becomes available? I think the police report itself is filed when the priority date becomes current?

 

4) If my mother were to come to the US, live here for a few years until my brother arrives, then change her mind and abandon her green card, will my brother also lose his eligibility for his green card?

Thanks in advance!

Edited by ML834
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7 minutes ago, ML834 said:

1) Approximately how long will it take for the petition for my mom to be approved (assuming no difficulties)

Similar to other immediate relative categories: about 12-14 months on average

8 minutes ago, ML834 said:

2) Also, if my mother were to come to the US and get her green card, will she immediately be eligible to petition her son (my brother) from the DR?

Yes, upon her US entry with the IR-5 visa. If he's 21 or older and remains unmarried until his US entry with the immigrant visa its F2B preference category.

11 minutes ago, ML834 said:

3) If my brother is petitioned, do they do his background check immediately before they approve him or wait 6-7 years until his visa becomes available? I think the police report itself is filed when the priority date becomes current?

Most of the background checks occur near the interview stage.

12 minutes ago, ML834 said:

4) If my mother were to come to the US, live here for a few years until my brother arrives, then change her mind and abandon her green card, will my brother also lose his eligibility for his green card?

Once he enters the US with the immigrant visa its irrelevant if your mother wants to abandon her green card. It wouldn't affect his green card.

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

 

that category isn't on the visa bulletin because she is an immediate relative with no time of waiting except the process that will take a year or over a year

 

the l130 can take up to 9 months or a little more depending on the service center

 

siblings can take 14 or more years, so it;'s best that you file for your mom, and later when she comes as a resident, she can file for him if he is unmarried

if she abandons her GC she can't file for him, it will take 7 or more years depending on what country he is from

 

 

 

 

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  • 2 weeks later...
1 hour ago, Juan & Gwen said:

Sorry to jump in this post, but can someone please tell me how much does the process cost? I am trying to bring  my mom from the DR also? Thanks!

I assume you already are a US Citizen. To start you file the I-130 petition and the fee is $535. Since this step takes about 8-11 months the rest of the fee amounts can change, in theory. At NVC step there are two fees:

  • affidavit of support fee of $120
  • DS-260 visa application fee of $325

The medical exam fee varies by country. The USCIS Immigrant Fee is $220 and is paid after the visa is issued. It can also be paid after US entry if you wish but USCIS will not mail out the green card until both (either order):

  • your mother enters the US with the IR-5 visa, AND
  • the $220 USCIS Immigrant Fee is paid

Also, at the embassy stage Affidavit(s) of Support are submitted and HHS income guidelines are the minimum: https://www.uscis.gov/i-864p

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Filed: Timeline
6 minutes ago, accumbyte said:

I assume you already are a US Citizen. To start you file the I-130 petition and the fee is $535. Since this step takes about 8-11 months the rest of the fee amounts can change, in theory. At NVC step there are two fees:

  • affidavit of support fee of $120
  • DS-260 visa application fee of $325

The medical exam fee varies by country. The USCIS Immigrant Fee is $220 and is paid after the visa is issued. It can also be paid after US entry if you wish but USCIS will not mail out the green card until both (either order):

  • your mother enters the US with the IR-5 visa, AND
  • the $220 USCIS Immigrant Fee is paid

Also, at the embassy stage Affidavit(s) of Support are submitted and HHS income guidelines are the minimum: https://www.uscis.gov/i-864p

Yes I am already a USC. I appreciate you respond. Thanks!

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47 minutes ago, accumbyte said:

Also, at the embassy stage Affidavit(s) of Support are submitted

Just to clarify....the I-864(s) are provided at the NVC stage (hence the  $120 fee fro review). It is advised to bring a copy or updated I-864 to the interview just in case.

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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