What is the processing time after the I-130 approval?

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What is the processing time after the I-130 approval?
LawQA.com's picture

My daughters (US citizen) petition I-130 for her husband was approved 13 days after it was received. Is this typical? They are now in the Post decision activity status. All paperwork has been sent to the NVC. If I'm understanding correctly, they skipped over 5 of the initial steps to get to the post decision status. Is this correct and a positive thing? Also, how long now? Approximately? They started process in Sept. 2011. My daughter is living in Mexico with her Mexican husband, who has NO criminal record and my daughter is also a Mexican Resident and is working there, with a Mexican work visa. Also, it's my understanding that they do NOT have to wait for a "number" to proceed?

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Submitted by Alee on July 14, 2013 - 4:53am

Hi, I'm a US Citizen
just Filed i130
for my illegaly husband July9,13
just received i797c July13,13.
I would like to know how much time will we have to wait for approval or denial?
And what will be the next
Step if approved?
Thanks for your Time & Help

Submitted by Wendy Barlow on July 15, 2013 - 11:04am

Wendy Barlow's picture

The I-130 is adjudicated in approximately 6 months from the date of filing. The next step depends upon more information. Assuming your husband entered the country without inspection and is not grandfathered under INA 245(i), you will need to file for a provisional waiver.

Submitted by Lynn on July 14, 2013 - 5:52pm

I am a Canadian citizen and my husband is a US citizen. We will be filing the I-130 and I-485 on Tuesday. Do I have to remain living in Canada while the applications are approved? If so do they notify the border so that I am no longer even allowed to visit him?

Submitted by Wendy Barlow on July 15, 2013 - 11:02am

Wendy Barlow's picture

If you are not in the United States, then you do not file the I-485. This Form is only used to change your sttaus if present in the United States at the time of filing. You must remain residing in Canada until the proces an immigrant visa is issued unless you receive a K-3 non-immigrant visa. You may be allowed to visit your spouse, but we typically advise cleints against travel as it can result in a denial of your admission and further isues immigrating. It is best if the U.S. spouse travels to the foreign country.

Submitted by Lynn on July 18, 2013 - 10:36pm

We have already submitted the paperwork now and we included the I-485 in the paperwork. My husband took it all to the Buffalo office and they told him that we had everything in order? And I have already been denied once and allowed entry the time after that on a temporary stamp that was put in my passport. I was told to bring even more paperwork with me on my next visit but at that time we were not married yet nor had the paperwork been submitted. Is this going to hold things up for us? I am really struggling with this separation and his schedule doesn't allow him to come up here very often. When he does come up here to visit me we end up renting motels because I am currently just staying in my daughters 1 bedroom apartment with her. So that alone is adding up cost wise.

Submitted by Wendy Barlow on July 19, 2013 - 9:46am

Wendy Barlow's picture

You do not file an I-485 if you are not in the U.S. An I-485 is used to adjust your status based upon the approved immigrant visa if you are in the U.S. You are not in the U.S. This can cause delays to the process as USCIS will process the case as if you are in the U.S. rather than sending the approved I-130 to the National Visa Center for consular processing. In addition, you have paid fees that are not applicable to your situation.

Submitted by Alee on July 15, 2013 - 3:34pm

Yes, he entered from mexico to the US without inspection around 2004 & has a Clean record.
Is the Provisional waiver the one that is For him to stay here while everything is in process?

Submitted by Anonymous on July 17, 2013 - 4:34pm

I'm a US citizen and I filed an I-130 for my husand; I recieved the approval letter stating that the visa petition has been sent to the NVC in Portsmouth, NH. The letter says that NVC will contact my husband now for further immigrant visa processing steps. Could you please tell me what happens next once they contact him? Also, what does the priority date mean?
Thank you for your help.

Submitted by Wendy Barlow on July 17, 2013 - 4:42pm

Wendy Barlow's picture

The priority date is the date the petition was filed. It is used to determine visa availability. The NVC will provide all the next steps to your husband. He will need to file a visa applaication and requested documentation. He will also have security clearances done. After which time, he will be scheduled for an interview at the U.S. Embassy.

Submitted by Anonymous on July 17, 2013 - 5:08pm

Thank you for your response. My priority date is Feb 4, 2013, what does it mean to visa availability?

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