I-130 Processing time

[rayb]

Asim,

Ignore the misinformed post from Yonni.

Since your petition status is "immediate priority," you cannot add a wife to your processing. In addition, your petition and visa are based on your single status. If you use your visa to enter as a single person, and you are married, you have committed visa fraud.

If you married after you came to the U.S. as single, you can petition your wife after you are in the U.S., and it will take about 18 months for her to be eligible or a quota-based visa.

--Ray B

Dear Asim:

My deepest apologies for the lateness of this reply. I hate to inform you, but this forum is absolutely useless for getting any answers from posting. Not one person ever replies or offers any assistance and/or suggestions (except me and I am going through similar turmoil).

My best advice is to find a way to pay for an immigration lawyer. I have found one in Los Angeles that only starts at $599 - all the rest start around $3,000!

I am not 100% positive, but I believe that you need to be living in the US as a resident for one full year before you can petition for your spouse... please do not quote me on that.

Where are you currently?

Hope you have already found the answer you were looking for and here is wishing you and your wife all the best ! ! !

[Yonni]

Thank You!

Dear Ray B:

Thank you for answering Asim's question - much appreciated! I have been researching since February and you are the first expert in the field to offer any reply in this forum.

I have been trying to get step-by-step information on the process of filing an "I-130" NOT the "I-30". I have a feeling that they are two different circumstance filings. Please note that I was only going off the information I have been able to gather regarding the petition for immediate family members of a spouse after your marriage in the US (In my case, my future Mother-in-Law). Because she is my fiancée's immediate family and not mine, my fiancée will be the petitioner and he DOES have to be here a year.

Your answer however, raises additional questions. What is Asim to do at this point? Will he need to divorce his wife before coming to the US and then petition for her entry into the country with a Fiancée VISA? This is all very confusing to me.

Again, thank you for actually replying - I was beginning to think this forum was a dead zone.

All the best ~ Yonni

Asim,

Ignore the misinformed post from Yonni.

Since your petition status is "immediate priority," you cannot add a wife to your processing. In addition, your petition and visa are based on your single status. If you use your visa to enter as a single person, and you are married, you have committed visa fraud.

If you married after you came to the U.S. as single, you can petition your wife after you are in the U.S., and it will take about 18 months for her to be eligible or a quota-based visa.

--Ray B

[rayb]

Yonni,

Thx for your response. I didn't mean to sound offensive to you in my response to Asim's earlier message, but I was shocked that he may be headed towards use of a visa as a single person, and the possible consequences years from now.

There is lots of experience and good answers from other members of this forum, that I have seen, and I am only one of quite a few folks here who have significant experience with immigration procedures. I won't toot my horn too loudly, but I did my first petition in 1974, and my most recent one a couple of days ago. I think you said earlier that you are in Los Angeles, my home town, but I am now in Sacramento and Half Moon Bay, two locations were we have done tax and immigration work for a few years.

Please see my responses to your questions below, in CAPS:

Dear Ray B:

Thank you for answering Asim's question - much appreciated! I have been researching since February and you are the first expert in the field to offer any reply in this forum.

I have been trying to get step-by-step information on the process of filing an "I-130" NOT the "I-30". I have a feeling that they are two different circumstance filings. Please note that I was only going off the information I have been able to gather regarding the petition for immediate family members of a spouse after your marriage in the US (In my case, my future Mother-in-Law). Because she is my fiancée's immediate family and not mine, my fiancée will be the petitioner and he DOES have to be here a year.

YOUR FIANCEE WILL NOT BE ABLE TO PETITION HER MOTHER, AS AN IMMIGRANT, UNTIL YOUR FIANCEE HAS CITIZENSHIP STATUS (IS NATURALIZED). THERE IS NO "I-30" IMMIGRATION FORM. THE I-130 FORM IS THE IMMIGRANT PETITION.

Your answer however, raises additional questions. What is Asim to do at this point? Will he need to divorce his wife before coming to the US and then petition for her entry into the country with a Fiancée VISA? This is all very confusing to me.

ASIM'S U.S. CITIZEN MOTHER PETITIONED HIM, PRESUMABLY AS A CHILD UNDER 21, CLASS IR-2, IMMEDIATE PRIORITY, SINCE HE SAYS THE PETITION WAS SUBMITTED IN 2010. THE CHILD CANNOT BE MARRIED FOR THAT CLASS OF PETITION. BUT SINCE HE SAYS HIS PETITION IS IN 'POST DECISION' ACTIVITY, HE MAY HAVE BEEN PETITIONED AS AN UNMARRIED CHILD 21 OR OLDER, CLASS F1, WHICH IS QUOTA BASED, AND THE WAITING PERIOD FOR A VISA SLOT IS 7 TO 13 YEARS, DEPENDING ON HIS COUNTY.

IF ASIM'S MOTHER PETITIONED HIM AS A MARRIED CHILD 21 OR OLDER, HIS WAITING PERIOD WILL BE 11 TO 23 YEARS.

THE BOTTOM LINE HERE IS IF MOM DID NOT PETITION ASIM AS MARRIED, MOM NEEDS TO NOTIFY USCIS OR NVC, DEPENDING ON WHERE THE PAPERWORK IS NOW, AND ADVISE OF ASIM'S MARRIED STATUS TO GET HIS VISA CLASS CHANGED TO 'MARRIED,' AND AVOID ANY FUTURE IMMIGRATION FRAUD ISSUES.

--Ray B

Again, thank you for actually replying - I was beginning to think this forum was a dead zone.

All the best ~ Yonni

[joseph123shuva]

is it possible to apply F1visa(student visa) when immigrant visa process is going on?

Hi everyone if anyone faced or facing this kinda situation pls help me



I would like to ask a question regarding my brother that he is in India.Presently he is under immigration process(family sponsored F2B category).There is a long queue in this category but He would like to study in US so what is the process to get visa because his immigrant visa process is at NVC in the queue.MY QUESTION is

1.Is it possible to apply student visa?or will he rejected by VO?
2.Do I need cancel my immigrant petition to apply student visa?
3.If he get student visa is it possible to change his visa status after coming to US?


Thanking you sir
Waiting for your reply

[rayb]

Find a school that will accept your brother, and provide the school with proof that you will pay all the expenses.

--Ray B

Hi everyone if anyone faced or facing this kinda situation pls help me



I would like to ask a question regarding my brother that he is in India.Presently he is under immigration process(family sponsored F2B category).There is a long queue in this category but He would like to study in US so what is the process to get visa because his immigrant visa process is at NVC in the queue.MY QUESTION is

1.Is it possible to apply student visa?or will he rejected by VO?
2.Do I need cancel my immigrant petition to apply student visa?
3.If he get student visa is it possible to change his visa status after coming to US?


Thanking you sir
Waiting for your reply

[mrsEssien]

I130

Hi i applied for my husband i130 visa nd iam us citizen he already did the interview after that they put him under ap i have been waiting for administrative processing for 4 months nd half nd i contact the senator of my state he sent the embassy email to know about my husband's case from 1 week we're still waiting for the processe but my question is can anybody help me if they know the maximum time for the process to be complete because am citizen nd i live in the united states i can't live without my husband am really so depressed so mad can somebody please inform me the maximum time for the processe nd the senator's email for the embassy help to push the case more faster thank you

hello,i'm in the same boat as you me and my husband been married almost 2 years we are still in AP process yes its hard and i don't understand why they make us suffer like this when i spoke with the people at uscis they told me we had to wait 180 to even ask about the case well my 180 is almost up april 21 thats going to be 6 months in waiting this process has cause me so much stress on me and my husband i will keep you poasted on my process as soon as i heard something

[Giovanni C. Hynson]

I-130 Time estimate and Cost.

- - - Updated - - -

Does anyone have any sort of info on this? Please kindly share. Really appreciate it if someone can share their results who might have gone through similar process.

Thank you,
Manthan

I've been in process of my wifes I-130 from Cambodia.
Going on almost three years now.
USCIS = 1 year 9 months @ $425 USD.
NVC = 7 months + @ $325 USD.
DNA tests x3 = $695 USD.
Agent fee = $120 + misc consulate,legal, and notary fees (The consulate in PP charges a $50 notary fee for each page sealed)
4 trips to the Embassy in Phnom Penh from the US = ~$6,400 USD.
Still waiting on the DNA results for our daughter since Jan 2015.
And still awaiting responses from the DHS, DOJ, and DOS.

If you have a special case like mine, be prepared for the long delays and the sticker shock.

[Renee Overcomer Thomas]

ds260

Hey I recently went and did my interview and got accepted however they are asking me for a ds260 number to register for dhl would my lawyer have that number?

[rayb]

It might be your State Department number, but since you filled out the DS-260 online, you can get a copy of the DS-260 anytime by printing it out from the NVC website.

--Ray B

Hey I recently went and did my interview and got accepted however they are asking me for a ds260 number to register for dhl would my lawyer have that number?

[rchitroda]

I-130 Processing time for my Application

Hello,

My father is US Citizen and he filed my petition as petitioner for me under "Married Son above 21 years" category. He received the I-797 Notice of Action stating that "The i-130 petition for Alien Relative has been received by our office and is in proces". The Notice date is 25th June 2013 and received date is 24th June 2013 and Priority date mentioned is June 24, 2013.

I would like to know the processing time for getting this case to NVC and getting the application processed for Visa.

Please give me some idea of the same so that I can plan things accordingly.

Thanks,
Rakesh

[rayb]

Rakesh,

Since your visa category (married child age 21 or older) is quota-based, you should tell us your country before an estimate of your visa processing can be made with any confidence.

Your visa category is F3, and since you are probably not in Mexico or Philippines, the Priority Date currently being processed in all other countries is July 2005 Thus, you have approximately 2 more years before your visa class and Priority Date is reachable.

--Ray B

Hello,

My father is US Citizen and he filed my petition as petitioner for me under "Married Son above 21 years" category. He received the I-797 Notice of Action stating that "The i-130 petition for Alien Relative has been received by our office and is in proces". The Notice date is 25th June 2013 and received date is 24th June 2013 and Priority date mentioned is June 24, 2013.

I would like to know the processing time for getting this case to NVC and getting the application processed for Visa.

Please give me some idea of the same so that I can plan things accordingly.

Thanks,
Rakesh

[rchitroda]

Rakesh,

Since your visa category (married child age 21 or older) is quota-based, you should tell us your country before an estimate of your visa processing can be made with any confidence.

Your visa category is F3, and since you are probably not in Mexico or Philippines, the Priority Date currently being processed in all other countries is July 2005 Thus, you have approximately 2 more years before your visa class and Priority Date is reachable.

--Ray B

Hey Ray,

Thanks for your inputs. I am currently a citizen of India.

Is there any scientific formula or computation on the basis of which you have mentioned 2 years approx??
I have been looking at this link: https://egov.uscis.gov/cris/processingTimesDisplay.do and it says that current date of cases being processed for F3 (U.S. citizen filing for a married son or daughter over 21) is March, 20th 2012. What does this signifies?

Also, I looked at the historical Average Processing Time as of September 30, 2016 (https://egov.uscis.gov/cris/ptAllFormsAverage.do) and it is something i could not understand/comprehend. It would be really appreciated if you could provide some clarity on this as well.

Thanks,
Rakesh

[newacct]

I think he meant 12 years, not 2.

The processing time for the petition is not important. The petition will be approved in a few years but you will still not be able to do anything until a visa number becomes available, in about 12 years.

[celticpa]

Need help

Hi I am not sure how to start a new thread and I'm sorry if this is messing this one up.
I am 36 and went for my green card interview last October in Dublin. I was refused on the grounds of a conviction for Larceny/damaging a property 22/9/1999 but which happened when I was 17 and conviction for criminal mischief with intent which isnt worded on any of my court papers but now they seem to be saying its for a assault in 2001, the larceny/damage to property was basiclly I broke the window in my neighbours car and stole a vcr, I called to the neighbour the next day but the cops were already involved and the fight was just a silly thing between drunk friends one night and no one was hurt. Now I am not trying to make light of the two convictions but the 1999 Larceny/damaging a property case was discharged conditionally on my entering a recognizance and paying a 100 pound fine. The assault which my lawyers say could be argued isnt CIMT was a Section 2 of the Non-Fatal Offences Against the Person Act, 1997 in irish law and the out come was 6 months suspended Sentence, This assault was with another guy my age, we had a fight and the garda (cops) came and arrested me, the guy (who is a friend) wasnt in anyway hurt when this happened.

My lawyer tried to get the embassy in Dublin to relook at the case arguing I should not be deemed inadmissible under 3 arguments:
-Under 18 years when crimes committed
-Petty Offence Exception
-Juvenile delinquency interpretation

They wouldn't have any of it and now I can only apply for a waiver, the only thing is my mother who has us citizenship for the last 20 years and lives in Boston isn't in any way sick of financially in need of me being there and so it would be hard for me to show extreme hardship on her part. My lawyer is saying the only way to try is for my mother to see a theripist for her depression and get a report to send with my waiver. I just would like to know has anyone heard of this being used sugsesfully and if anyone would have any kind of info on this.

all this stuff happened nearly 15-20 years ago now. I've lived in Australia for two years and London and have never been in any trouble as well as spending many 3 month holidays in the USA at my mothers without anything.

I just don't have loads of money and really only have one chance of doing this, I have to help out my family on my father's side in Ireland as he is unable to work now.

I really just need some info on if it is worth trying for this waiver or if I should just give up on this and use the money to get a waiver which is easier to get so I can have holiday visas and still visit my mother in the usa like I did before. But one lawyer said she didnt think I would even get this now because I went for a immigrent visa while another lawyer said I could get this holiday waiver. Its just so hard to know what to do, if anyone has any advise on this it would be great as I am just not sure what to do now.