QUESTION

How long will it take for the UCIS to accept my wife and baby?

Asked on Jan 05th, 2011 on Immigration - California
More details to this question:
Please help me answer my question: I am green card holder from Iraq, filed I-130 for my wife in 18 Sep-2009, I got approved in 27 Jan-2010, the NVC sent me a letter to pay $70 fee then they asked me to provide them the choice of agent, then they asked me for my income tax, and the affidavit of support documents, then they sent me a bill $400 to pay, then on Aug-5-2010 they sent my case back to the USCIS for with a request of review! Then after 120 days I called the USCIS to add my 4 months old baby to our application, and they told me that I can request an answer for my application to speed it up and they will send me an email to provide them my baby papers! Then they sent me only email that says I have to wait up to 6 more months! So how long it will take to get my wife and my baby?
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Answered on Jan 10th, 2011 at 12:13 PM
Currently they are issuing visas for persons with a Priority Date of January 1, 2008 (your Priority Date is September 18, 2009) or earlier so even if your case speeded by to NVC they could not send your cases for their interview until the Priority Date is reached. This changes every month and is posted on the Department of State website at: http://travel.state.gov/visa/bulletin/bulletin_1360.html The category is FB-2a. If you are eligible for U.S. citizenship then the case can be upgraded to immediate relative so file on the soonest date that you are eligible. I am concerned on why they sent your case back to USCIS so you may want an attorney to look into this. It is also recommended to file a separate I-130 for the child as once you become a U.S. citizen the child will not have derivative eligibility.

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Jack C Sung
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Answered on Jan 07th, 2011 at 8:28 PM
Based on the visa bulletin right now, I believe your wife would be waiting anywhere between 1 year to 1.5 years for her visa interview. This assumes that all of the paperwork is done correctly. You may contact me if you have other questions.

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Answered on Jan 06th, 2011 at 9:43 AM
Currently, the Department of State (the NVC is part of the DOS) is processing cases filed by Green Card holders for their spouses and minor children whose priority dates are before January 2008. Since your case was filed in September 2009 the priority date is September 18, 2009. Additionally, if you case was returned to the USCIS for review it may take longer. Since it was returned to the USCIS I recommend that you hire an attorney to find out why it happened since it is unusual for this to happen. Also, to speed it up you can apply for Naturalization if eligible.

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