Hi Mo, In your previous posts you have mentioned that BCIS at present is processing I-130 where visa number is available. My I-130 got approved on sep 23, but I don't see that happening, the priority date is right now May 2000 for F2A category. Did I read that correctly? Any help is appreciated.
That is correct. The USCIS have recently changed their I-130 processings to a visa availibilty basis. A visa have to be availble before your I-130 can be processed. Since yours is approved, I am not sure if the new procedure effects you. You did not mention when your priority date is, this date is usually around your "receipt date" (I-130 filing date with USCIS). If your priority date is "current" - by checking the DOS visa bulletin - you are qualified for a visa, and should go ahead to adjust if you are in the US (consult with an attorney), or wait for the consular processings to send you the follow-ups.
In any case, you are now in the hands of NVC (National Visa Center), they are the agency that assigns visas for those who qaulify (who have a priority date that is current after their I-130 is approved).
Good Luck
Posts: 774 | Location: USA | Registered: 12-12-2003
Mo, thanks for replying to my post, you have indeed been a great help on this forum. According to DOS visa bulettin F2A category, the priority date is May 2000. But today I received the I-797 notice of action from USCIS. This is what it says: Receipt date: Nov 2001 Priority date: Nov 6 2001 (does it refer to visa availability?)
The above petition is approved. We have sent the original visa petition to the Department of State National Visa Center. NVC processes all approved immigrant visa petitions that need cosular action. It also determines which consular post is the appopriate cosulate to complete visa processing, NVC will then forward the approved petition to that consulate. The NVC will contact the person for whom you are petitioning (beneficiary) cocerning further immigrant visa processing steps. Please allow at least 90 days before calling the NVC if your beneficiary has not received correspondence from the NVC.
Any advice/suggestions on this. How long does it take in consular processing?
That's exactly right. The letter serves as a guidance on what will happen next. From the sound of it, you are abroad (outside the US), and the USCIS is suggesting that a counsular post will get in touch with you once your priortiy date becomes "current". Your priority date is "not" current, your PD is Nov 6, 2001 - the current cut-off date for you category is May, 2000. You are rquired to check the monthly DOS visa bulletin regularly until the cut-off dates for F2A reaches your PD.
One other thing, and I hope you already know it, is there is a "difference" between F2A and F2B that most people get confused on. Under 21 benficiaries are F2A, over 21 beneficiaries are F2B... therefore, the cut-off dates on the visa bulletin are also significantly different.
The good news is, if you "are" F2A, recent trends show that this category have been advancing rapidly. If this pace continues, they could get to you early next year, but there is no telling how long it can take.
The bad news however, is that the DOS predicted the movements of cut-off dates for FY2005 to be slow, and there is no further explaination on which categories will suffer the most, or whether there will be a retrogression in particular categories (hopefully not yours ).
Thanks and Good Luck
Here is the latest trend on your category, you could see it has been advancing faaaaast :
Here are few of my inputs. If you live in abroad, you need to go through consular process. Your current case is on its way to NVC. NVC normally generates a case number based upon where you will have your consular action in a month. You can call NVC automation service number (24/7) to verify whether your NVC case number is created, which is a crucial step for your future immigration process. 6-12 months before reaching your priority date, NVC will send you pack 3 to initiate your immigration process. You need carefully follow each step, provide support documents and pay required fees. When NVC send you documents, NVC will record on which date it sends them on NVC phone system. You need make sure that they have your current address. After you finish pack 3, NVC will validate it including the financial support from your sponsor. After that your case will be forwarded to the U.S. consulate in your designated country for your immigration interview. Pack 4 will send to you to inform your interview date and medical exam. If you live in the U.S. you just need to write to NVC that you intend to adjust your status in the U.S. with your NVC case number. NVC will hold your case till local INS requires your documents. You must wait your priority date to become current to file your AOS.
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