Posted by: smag November 17, 2009
I-130 got approved…………….
Login in to Rate this Post:     0       ?        

"My petition for my wife (I-130) thru green card has been approved after 1 year and 9 months. I am wondering how long it takes visa to be available for her in Nepal."


dikush,


First of all congratulation on your approval of I-130. Now since you've not mentioned all required informations it's hard to give you an idea about such as "The Date" you've filed I-130 for your wife and your current immigration status which is the deciding factor on processing time.


As you have mentioned that you filed I-130 for your wife when you were an LPR you must wait for your spouse visa to become available even if your I-130 is already approved. If you are still an LPR (green card holder) then your application falls in F2A category.


Read the text below:-


 


***


3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:


FAMILY-SPONSORED PREFERENCES


First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.


Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:


A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;


B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.


Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.


Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.


*****


Currently in F2A category USCIS processing application filed before 01NOV05.


See the processing time for Dec 2009 below:-


 














































Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st 22JAN04 22JAN04 22JAN04 01AUG92 01NOV93
2A 01NOV05 01NOV05 01NOV05 01OCT03 01NOV05
2B 01NOV01 01NOV01 01NOV01 01JUN92 01JUL98
3rd 22MAY01 22MAY01 22MAY01 22AUG92 15NOV91
4th 08SEP99 08SEP99 08SEP99 15NOV95 22MAR87


 


The process will be much more faster if you become US citizen and upgrade your petition. Because US citizens should not wait on the line for visa to become available for their spouse where as a Lawful Permanent Residents (LPR) should wait on the line for approx. 4-5 yrs. to join with their loved ones back home.


This immigration law really sucks. Let hope Obama administration will understand this and do something for US LPR.


Hope this help you to some extent.


Thanks,


 

Read Full Discussion Thread for this article