Unexpected Notice of Approval

[Mike V 56]

Background:

• In 2016 I filed for a fiance visa for my wife and her 3 youngest children
• In March of 2017 I received notice that the file was approved by NVC and on its way to Manila
• Oldest of the 3 kids was 20, turning 21 on April 12, 2017.
• Embassy did the best to expedite the case, but ...
• Wife was sidetracked for 2 months of TB testing
• Oldest of the 3 aged out
• TB cleared, the had their embassy interview in early June, 2017.
• Embassy asked for a police report of a misspelling of her family name that had been corrected on her birth certificate
• She sent the police report, embassy neglected to read their mail
• She called them, they got things rolling & sent the passports back with the visas in them
• They (wife-to-be & 2 youngest children) arrived via JFK on 26 July 2017, the one who aged out did not get to make the trip

 

Next ...

• In August of 2019 we file I-130's for the two unmarried adult children, weren't expecting their priority dates to come up for another 7-8 years (currently processing Philippine F2B's with 22 October 2011 priority dates)
• I'm assuming that the NOA date of 29 August 2019 is his priority date

 

In February, 2022 (last month)

• The one who aged out received a study visa from Canada and is now attending school in Ottawa, Ontario

 

Today ...

• Wife received email notice with MNL & NVC case numbers that the application for the one who aged out has been approved, needs to apply for his visa.

 

So what's changed?

 

3 possibilities I can think of:

1. It's a mistake.
2. Biden's immigration proposals included no longer aging out kids who turn 21 during the visa process.  Last I heard Biden's immigration proposals were pigeon-holed in various House and Senate committees, and nothing decisive has been in Congress, but perhaps they are doing this administratively -- making amends for kids recently aged out?
3. They''ve shortened the priority date for Philippine F2B's, but the current (March 2022) Visa Bulletin says their processing priority dates of 22 October

 

Has anyone had any similar experiences recently?  We don't want to ruin it for him, but we don't understand why this is happening and the best way to proceed.  Can his interview be done in Ottawa?  I doubt his Canadian visa will allow multiple entries, which would preclude going back to Manila for an interview & the returning to school.

 

Edited March 3, 2022 by Mike V

[SteveInBostonI130 3,467]

NVC can open the process for AOS and IV years earlier than when a visa is available.  It matters in cases when the beneficiary is about to age out - submitting the DS-260 freezes their age.  But this doesn't seem relevant for your 3rd stepson.  

 

I have not heard anything about allotting more family visas and such.  I think once you complete the NVC stage you will get a message to the effect that now your stepson has to wait until a visa becomes available.

Edited March 3, 2022 by SteveInBostonI130

[aaron2020 11,651]

Nothing has changed.  You're not understanding how the process works.

 

USCIS has approved the I-130 for the child in the F2b category and has forwarded the case to the NVC.  There it will wait until the PD becomes current in the Philippines F2b category. 

Once the PD becomes current in Table B of the monthly Visa Bulletin, then the case can be processed further.  From the March 2022 VB, it's Oct. 1, 2013.

 

Once the PD becomes current in Table A of the monthly Visa Bulletin, then a visa becomes available.  From the March 2022 VB, it's Oct. 22, 2011.

It will be another 9-10 years before this child has to worry about applying for an immigrant visa.  

[Chancy 6,241]

15 minutes ago, Mike V said:

Wife received email notice with MNL & NVC case numbers that the application for the one who aged out has been approved, needs to apply for his visa.

 

Did your wife login to CEAC?  I'm guessing the document submission features are disabled because your stepson is not actually eligible to proceed with the visa application yet.  It is normal for the I-130 petition to be approved and sent to NVC many years before the case PD becomes current.

 

[Crazy Cat 41,980]

54 minutes ago, Mike V said:

Background:

• In 2016 I filed for a fiance visa for my wife and her 3 youngest children
• In March of 2017 I received notice that the file was approved by NVC and on its way to Manila
• Oldest of the 3 kids was 20, turning 21 on April 12, 2017.
• Embassy did the best to expedite the case, but ...
• Wife was sidetracked for 2 months of TB testing
• Oldest of the 3 aged out
• TB cleared, the had their embassy interview in early June, 2017.
• Embassy asked for a police report of a misspelling of her family name that had been corrected on her birth certificate
• She sent the police report, embassy neglected to read their mail
• She called them, they got things rolling & sent the passports back with the visas in them
• They (wife-to-be & 2 youngest children) arrived via JFK on 26 July 2017, the one who aged out did not get to make the trip

 

Next ...

• In August of 2019 we file I-130's for the two unmarried adult children, weren't expecting their priority dates to come up for another 7-8 years (currently processing Philippine F2B's with 22 October 2011 priority dates)
• I'm assuming that the NOA date of 29 August 2019 is his priority date

 

In February, 2022 (last month)

• The one who aged out received a study visa from Canada and is now attending school in Ottawa, Ontario

 

Today ...

• Wife received email notice with MNL & NVC case numbers that the application for the one who aged out has been approved, needs to apply for his visa.

 

So what's changed?

 

3 possibilities I can think of:

1. It's a mistake.
2. Biden's immigration proposals included no longer aging out kids who turn 21 during the visa process.  Last I heard Biden's immigration proposals were pigeon-holed in various House and Senate committees, and nothing decisive has been in Congress, but perhaps they are doing this administratively -- making amends for kids recently aged out?
3. They''ve shortened the priority date for Philippine F2B's, but the current (March 2022) Visa Bulletin says their processing priority dates of 22 October

 

Has anyone had any similar experiences recently?  We don't want to ruin it for him, but we don't understand why this is happening and the best way to proceed.  Can his interview be done in Ottawa?  I doubt his Canadian visa will allow multiple entries, which would preclude going back to Manila for an interview & the returning to school.

 

This question comes up frequently.  I agree with the other folks.  What is the ceac status?  I assume it will say that the visa number not available.

Edited March 3, 2022 by Crazy Cat

[Mike V 56]

33 minutes ago, Chancy said:

 

Did your wife login to CEAC?  I'm guessing the document submission features are disabled because your stepson is not actually eligible to proceed with the visa application yet.  It is normal for the I-130 petition to be approved and sent to NVC many years before the case PD becomes current.

 

With a Manila case number MNL2022xxxxxx?

[Crazy Cat 41,980]

12 minutes ago, Mike V said:

With a Manila case number MNL2022xxxxxx?

Yes.  This question comes up sometimes.  What does the CEAC status say using that MNL number?

Edited March 3, 2022 by Crazy Cat

[Mike V 56]

13 hours ago, Crazy Cat said:

Yes.  This question comes up sometimes.  What does the CEAC status say using that MNL number?

You are correct.   When I went to their CEAC page, the "Start Now" link was greyed (inactive) and the expected information was displayed:

 

 

The email was very misleading & disingenuous, got their hopes up only to  be disappointed.  They should say something like "file is in order and ready for processing, refer to the Visa Bulletin ..." or whatever.  But "approved" is very much the wrong word in that context.  The real approval comes from the embassy ... eventually.

 

So I told my wife about this CEAC page.  Unfortunately I had earlier given my wife the NVC phone # and told her to call.  She called, then came back &  told me I was wrong, it really was "approved".  I ended reading her the "Summary Info" word for word and suggesting they try to apply and let me know how it goes.

 

Haven't heard anything back yet and don't expect do. 

 

Thanks again!  We'll probably have another round of this when she gets the "approval" notice for the oldest son (age 31) whose I-130 was filed at the same time.

 

 

[Crazy Cat 41,980]

42 minutes ago, Mike V said:

The email was very misleading & disingenuous. 

I agree 100%.