Jump to content
mal91

I'm a US Greencard Holder planning to marry my long time girlfriend (who is a sri lankan and currently an international student in Canada)

13 posts in this topic

Recommended Posts

Hi, I obtained my US Greencard recently (Born & lived in Sri Lanka), and planning to marry my long time girlfriend (born in Sri Lanka and currently an international student in Canada). I live in California and I have several doubt on the process.

During my search I found several visa centers have different processing times. And as I am living in California, California service center takes much long time to process the case(about 2-5 years).

 

1. Is there anyway to reduce this time limit?

2. She already has B1/B2 Visa from Canada, If we are marrying can she visit me during the process? or will her visa will be cancelled (at the port of the entry)?

3. Applying from Sri Lanka, or Canada which can make the process easy?

4. Is there anyone who lives in California, got approved visa? If yes, how long it took?

 

What are the things I can do to live with her and to minimize the time. Please explain. I'm worried.

   

Share this post


Link to post
Share on other sites
14 minutes ago, mal91 said:

Hi, I obtained my US Greencard recently (Born & lived in Sri Lanka), and planning to marry my long time girlfriend (born in Sri Lanka and currently an international student in Canada). I live in California and I have several doubt on the process.

During my search I found several visa centers have different processing times. And as I am living in California, California service center takes much long time to process the case(about 2-5 years).

 

1. Is there anyway to reduce this time limit?

2. She already has B1/B2 Visa from Canada, If we are marrying can she visit me during the process? or will her visa will be cancelled (at the port of the entry)?

3. Applying from Sri Lanka, or Canada which can make the process easy?

4. Is there anyone who lives in California, got approved visa? If yes, how long it took?

 

What are the things I can do to live with her and to minimize the time. Please explain. I'm worried.

   

1. there is no way to reduce the wait time

2.once you get married you can file for the visa, she will need to remain in Canada while the process goes through, if she has a valid visitor visa, as long as CBP let her in she can still visit, but it is up to CBP to allow her in.

3. she can have her interview in Canada if that is where she will be when it is completed.

 

and how did you obtain your green card?

 

if you are here as a LPR it can take up to 2 years to complete.

Share this post


Link to post
Share on other sites

No, can't reduce wait times, it is what it is. Everyone has to wait for whatever the processing time is. 

 

She can visit, but each entry is at CBP discretion. They're usually let in, but in some cases deny her entry if CBP thinks she's spending too much time in the US.


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites
2 hours ago, Khallaf said:

1. there is no way to reduce the wait time

2.once you get married you can file for the visa, she will need to remain in Canada while the process goes through, if she has a valid visitor visa, as long as CBP let her in she can still visit, but it is up to CBP to allow her in.

3. she can have her interview in Canada if that is where she will be when it is completed.

 

and how did you obtain your green card?

 

if you are here as a LPR it can take up to 2 years to complete.

Hi Thank You for your answers. I obtained through DV Lottery. 

I also have some more questions.

She is finishing her studies this April. If she is staying further she has to apply for work permit.  

4. Does the processing time varies depending on the country she lives?

4.1 If yes, Which country has less processing time ? Comparing to ther other? Sri Lanka / Canada.

5. She got her visa from Canadian US Consulate, in the visa the port name mentioned as :'Canada'. If she goes back to Sri Lanka, Is it possible for her to travel with the same B1/B2 Visa?

 

 

 

 

Share this post


Link to post
Share on other sites
1 hour ago, WeGuyGal said:

No, can't reduce wait times, it is what it is. Everyone has to wait for whatever the processing time is. 

 

She can visit, but each entry is at CBP discretion. They're usually let in, but in some cases deny her entry if CBP thinks she's spending too much time in the US.

Hi Thank You for your answers.

I also have some more questions.

She is finishing her studies this April. If she is staying further she has to apply for work permit.  

4. Does the processing time varies depending on the country she lives?

4.1 If yes, Which country has less processing time ? Comparing to ther other? Sri Lanka / Canada.

5. She got her visa from Canadian US Consulate, in the visa the port name mentioned as :'Canada'. If she goes back to Sri Lanka, Is it possible for her to travel with the same B1/B2 Visa?

Share this post


Link to post
Share on other sites

Once married, you petition her for a F2A spousal visa, there's an annual visa quota which results in the processing wait time regardless of which country she lives in.

 

B2 can be used to enter, subject to CBP discretion, from any country. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites
10 hours ago, mal91 said:

During my search I found several visa centers have different processing times. And as I am living in California, California service center takes much long time to process the case(about 2-5 years).

The only "visa center" in the US is the NVC. But that doesn't actually process visas...it just gathers and prepares paperwork for the embassy or consulate.

 

You are likely thinking of service centers. CSC (in California) handles I-130s under F2A category, which is what your case would fall under.

 

Quote

1. Is there anyway to reduce this time limit?

 

2. She already has B1/B2 Visa from Canada, If we are marrying can she visit me during the process? or will her visa will be cancelled (at the port of the entry)?

3. Applying from Sri Lanka, or Canada which can make the process easy?

4. Is there anyone who lives in California, got approved visa? If yes, how long it took?

  1. There is no "time limit". There is a Priority Date (PD) you receive upon filing the I-130 petition. This is basically your spot in line for a visa number. F2A visas are limited per year by law.
    1. There's no way to make the PD become current sooner. Even if USCIS were to process your form in 1 day, you would still be waiting for the PD to become current for around 2 years. This is not a processing speed issue, it's a quota issue.
  2. You can marry anywhere. She can visit using a valid visa during the process. Every entry is at the discretion of CBP. She cannot overstay, violate status (i.e. work), etc. She also cannot enter the Us with intent to stay (she needs to intend to return back to Canada or elsewhere).
  3. Both are fine. Montreal is the consulate handling immigrant visa cases. They aren't known to be particularly rough IMO. There's also a lot of people coming from Canada so the info on steps is probably more accessible.
  4. Where you live in the US doesn't matter. The I-130 will be routed to a USCIS service center not based on where you live. In F2A cases, this generally means it will go to CSC in California anyway. As noted above, how long it takes for approval doesn't really matter...the PD is the biggest limiting factor, not processing speeds.
7 hours ago, mal91 said:

She is finishing her studies this April. If she is staying further she has to apply for work permit.

4. Does the processing time varies depending on the country she lives?

4.1 If yes, Which country has less processing time ? Comparing to ther other? Sri Lanka / Canada.

5. She got her visa from Canadian US Consulate, in the visa the port name mentioned as :'Canada'. If she goes back to Sri Lanka, Is it possible for her to travel with the same B1/B2 Visa?

  • She will need to have legal residency (student/work is fine...doesn't have to be permanent residency) to interview for an immigrant visa. If she ends up moving, you can have her address updated accordingly.
  • A few notes:
    • Processing time for the I-130 and NVC is the same across countries.
    • The wait for the PD to become current - the biggest factor in the wait - is the same for all countries for F2A category (this is not always true for other preference categories).
    • See the Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
    • Processing time at the embassy/consulate level does vary. Usually it's anywhere from 1-3 months or so. Montreal is in the middle-ish of that the last I've heard. No idea on Sri Lanka.
  • She can travel to the US using a valid B-2 visa from anywhere.
Edited by geowrian

Timelines:

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

12/1/17: sent

12/14/17: 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

 

 

Share this post


Link to post
Share on other sites
20 hours ago, WeGuyGal said:

No, can't reduce wait times, it is what it is. Everyone has to wait for whatever the processing time is. 

 

She can visit, but each entry is at CBP discretion. They're usually let in, but in some cases deny her entry if CBP thinks she's spending too much time in the US.

Thank You so much. :) 

18 hours ago, NikLR said:

~~moved to bringing family members of LPR to the USA from tourist visas~~

Thanks. 

Share this post


Link to post
Share on other sites
11 hours ago, geowrian said:

The only "visa center" in the US is the NVC. But that doesn't actually process visas...it just gathers and prepares paperwork for the embassy or consulate.

 

You are likely thinking of service centers. CSC (in California) handles I-130s under F2A category, which is what your case would fall under.

 

  1. There is no "time limit". There is a Priority Date (PD) you receive upon filing the I-130 petition. This is basically your spot in line for a visa number. F2A visas are limited per year by law.
    1. There's no way to make the PD become current sooner. Even if USCIS were to process your form in 1 day, you would still be waiting for the PD to become current for around 2 years. This is not a processing speed issue, it's a quota issue.
  2. You can marry anywhere. She can visit using a valid visa during the process. Every entry is at the discretion of CBP. She cannot overstay, violate status (i.e. work), etc. She also cannot enter the Us with intent to stay (she needs to intend to return back to Canada or elsewhere).
  3. Both are fine. Montreal is the consulate handling immigrant visa cases. They aren't known to be particularly rough IMO. There's also a lot of people coming from Canada so the info on steps is probably more accessible.
  4. Where you live in the US doesn't matter. The I-130 will be routed to a USCIS service center not based on where you live. In F2A cases, this generally means it will go to CSC in California anyway. As noted above, how long it takes for approval doesn't really matter...the PD is the biggest limiting factor, not processing speeds.
  • She will need to have legal residency (student/work is fine...doesn't have to be permanent residency) to interview for an immigrant visa. If she ends up moving, you can have her address updated accordingly.
  • A few notes:
    • Processing time for the I-130 and NVC is the same across countries.
    • The wait for the PD to become current - the biggest factor in the wait - is the same for all countries for F2A category (this is not always true for other preference categories).
    • See the Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
    • Processing time at the embassy/consulate level does vary. Usually it's anywhere from 1-3 months or so. Montreal is in the middle-ish of that the last I've heard. No idea on Sri Lanka.
  • She can travel to the US using a valid B-2 visa from anywhere.

Thank you so much for your time and detailed answer. :)  

  • Yes. I'm mentioning about the service center. So the service center in California pass the files to NVC?

 

"""" You are likely thinking of service centers. CSC (in California) handles I-130s under F2A category, which is what your case would fall under.

 

  1. There is no "time limit". There is a Priority Date (PD) you receive upon filing the I-130 petition. This is basically your spot in line for a visa number. F2A visas are limited per year by law.
    1. There's no way to make the PD become current sooner. Even if USCIS were to process your form in 1 day, you would still be waiting for the PD to become current for around 2 years. This is not a processing speed issue, it's a quota issue.""""""
  • If PD is quota based,  does every state has different quotas? 
  • https://egov.uscis.gov/processing-times/
  • In this website of uscis it shows that different 'service centers has different 'receipt dates for case inquiry' . So different service center has different quotas? 
  • And What's the difference between Priority Date (PD) and Receipt dates for case inquiry?

Sorry for asking so many questions. Actually I'm confused with the whole process.

 

 

 

 

Share this post


Link to post
Share on other sites
4 minutes ago, mal91 said:

Thank you so much for your time and detailed answer. :)  

  • Yes. I'm mentioning about the service center. So the service center in California pass the files to NVC?

The process is:

  1. I-130 petition is processed by the USCIS service center.
  2. The approved petition is sent to NVC.
  3. Once the PD is about to become current, NVC will send a welcome letter and request additional documents. See the wiki here: http://www.visajourney.com/wiki/index.php/NVC_Process
  4. NVC will generally process the documents once the PD actually becomes current.
  5. Once the case is complete at NVC, NVC will schedule an interview with the embassy/consulate.
  6. NVC sends the case to the embassy/consulate.
  7. Interview for the visa (a medical will be required beforehand)
  8. Administrative Processing
  9. Visa is issued*

*There can be other things that happen instead of the visa being issued, but this is the happy path.

 

4 minutes ago, mal91 said:
  • If PD is quota based,  does every state has different quotas? 

The quota is dictated by law for all family preference categories. USCIS then breaks this into 5 categories:

F1: Unmarried sons & daughters of US citizens

F2A: Spouses and unmarried children of LPRs <- This is your case

F2B: Unmarried sons and daughters of LPRs

F3: Married sons & daughters of US citizens

F4: Siblings of US citizens

NOTE: Child = unmarried & under 21

 

Each preference category is allocated x visas per year. This is not based on the petitioner's state or beneficiary's country of chargability.

Some countries are oversubscribed in certain categories, and therefore have longer waits within those categories. The visa bulletin posted in my previous message outlines these cases.

For F2A, no country is currently oversubscribed so the wait is the same. State is not a factor.

 

4 minutes ago, mal91 said:
  • https://egov.uscis.gov/processing-times/
  • In this website of uscis it shows that different 'service centers has different 'receipt dates for case inquiry' . So different service center has different quotas? 
  • And What's the difference between Priority Date (PD) and Receipt dates for case inquiry?

Those are processing times for the USCIS service centers (and field offices for other form types). Some do process cases faster than others. USCIS has no quotas for processing forms.

But as noted above, even if USCIS processed an F2A case in 1 day, the approved petition would be sent to NVC and wait there for the PD to become current. This is where the quota comes into play.

The only time where USCIS would cause a delay is if the I-130 took longer to process than the PD becoming current. This is very rare...USCIS basically aims to process an I-130 for a category before the PD becomes current.

 

To try to simply it for you, the I-130 processing times with the service center provide a rough idea of when to hear back on the I-130's progress. But the real wait is on the visa bulletin.

 

The Priority Date is when USCIS receives and enters the petition into their system. The receipt date may be a few days off from that. USCIS considers a case out of normal processing timelines based on the receipt date.


Timelines:

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

12/1/17: sent

12/14/17: 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

 

 

Share this post


Link to post
Share on other sites
On 2/8/2019 at 12:12 PM, geowrian said:

The process is:

  1. I-130 petition is processed by the USCIS service center.
  2. The approved petition is sent to NVC.
  3. Once the PD is about to become current, NVC will send a welcome letter and request additional documents. See the wiki here: http://www.visajourney.com/wiki/index.php/NVC_Process
  4. NVC will generally process the documents once the PD actually becomes current.
  5. Once the case is complete at NVC, NVC will schedule an interview with the embassy/consulate.
  6. NVC sends the case to the embassy/consulate.
  7. Interview for the visa (a medical will be required beforehand)
  8. Administrative Processing
  9. Visa is issued*

*There can be other things that happen instead of the visa being issued, but this is the happy path.

 

The quota is dictated by law for all family preference categories. USCIS then breaks this into 5 categories:

F1: Unmarried sons & daughters of US citizens

F2A: Spouses and unmarried children of LPRs <- This is your case

F2B: Unmarried sons and daughters of LPRs

F3: Married sons & daughters of US citizens

F4: Siblings of US citizens

NOTE: Child = unmarried & under 21

 

Each preference category is allocated x visas per year. This is not based on the petitioner's state or beneficiary's country of chargability.

Some countries are oversubscribed in certain categories, and therefore have longer waits within those categories. The visa bulletin posted in my previous message outlines these cases.

For F2A, no country is currently oversubscribed so the wait is the same. State is not a factor.

 

Those are processing times for the USCIS service centers (and field offices for other form types). Some do process cases faster than others. USCIS has no quotas for processing forms.

But as noted above, even if USCIS processed an F2A case in 1 day, the approved petition would be sent to NVC and wait there for the PD to become current. This is where the quota comes into play.

The only time where USCIS would cause a delay is if the I-130 took longer to process than the PD becoming current. This is very rare...USCIS basically aims to process an I-130 for a category before the PD becomes current.

 

To try to simply it for you, the I-130 processing times with the service center provide a rough idea of when to hear back on the I-130's progress. But the real wait is on the visa bulletin.

 

The Priority Date is when USCIS receives and enters the petition into their system. The receipt date may be a few days off from that. USCIS considers a case out of normal processing timelines based on the receipt date.

Thank You so much for your detailed answer. We are planning to do a simple civil marriage on this May 2019 in USA. what's the process for this? Can you please explain? 

Share this post


Link to post
Share on other sites
2 minutes ago, mal91 said:

Thank You so much for your detailed answer. We are planning to do a simple civil marriage on this May 2019 in USA. what's the process for this? Can you please explain? 

I'll defer to others...I had a non-courthouse wedding. It's also something kinda specific to the locality...I would start by calling the courthouse or researching your county's marriage procedures.


Timelines:

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

12/1/17: sent

12/14/17: 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

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×