Waiting on I-130 and watching processing times rise

[waiting_husband]

Hi everyone,

I'm an American living with my non-American wife in Canada. We filed an I-130 back in September, and haven't heard anything since the notice of receipt in October.

When we submitted the application, average processing times at our service center were about 5.5 - 9 months. Now (10 months later), they're 11 - 14.5 months.

My Canadian visa will expire in two months, and so I'll have to move back home. We were expecting her visa to come through by then, but now that looks unlikely. So I have a few questions:

1) Even though we filed the application without the help of a lawyer, do you think asking a lawyer to contact USCIS at this point would help to clarify/expedite our case? Do any of you have any experience with hiring a lawyer during the case processing?

2) Do you think we'll be able to enter the US together when my Canadian visa expires, even if my wife hasn't received her visa yet, with me as a citizen and her as a visitor? If and when we do hear back from the service center, would she then have to return to Canada for her interview, or would she be able to do it within the US?

Thank you all so much!

-Worried and waiting husband

[Brijpriya]

Hello there,

Since you are US citizen you can file concurrently I-130 and I-485 (Adjustment of Status). But you mentioned you only filed I-130. So, you should check this thing with Attorney how you can send I -485 as well. In addition to that, your spouse is also eligible for a fiance visa as well and it is very quick. So, I would highly recommend an approach to an immigration attorney. Don't wait to hear about I-130 and approach to the lawyer and process finance visa as well as I-485 as per his/her advice.

Good luck.

[waiting_husband]

Thanks, Brijpriya! But how could my spouse be eligible for a fiance visa if we're already married? We filed the I-130 as spouses, not fiances. So would it really be possible to switch to a fiance visa then? And how quick would it be, approximately?

[Enub4]

This may help:

Spouse Visa (K-3 Visa)
In some cases the couple has been married and living abroad before they decided to move to the United States. They may wait together outside the U.S. while the immigrant visa is approved. But what if the U.S. citizen must return to the United States before his or her spouse has a green card? In this situation, the U.S. citizen may obtain a K-3 visa for the spouse. The K-3 visa is a nonimmigrant (temporary) visa that can be used by the immigrant spouse to come to the U.S. and then adjust status.

This starts with the U.S. citizen spouse filing Form I-130. Upon receiving the receipt notice, the U.S. citizen must file Form I-129F to request the K-3 visa.

The problem is that looks like is taking between 6 and 9 months to get the K-3 visa.

[waiting_husband]

Thank you! I wasn't aware of that visa. I'll look into it more!

[Enub4]

This may be important:

If the NVC receives the approved I-129F petition before it receives the approved I-130 petition, the NVC will process the I-129F petition. However, if the I-130 petition is approved first, NVC will administratively close the K3 case. This is because the case is moot. There is no need for the K3 visa once the immigrant visa is available. In these cases, the foreign spouse will be redirected to complete the immigrant visa process through consular processing.

I think that's why some people try to travel to USA on tourist visa, saying that they will just visit the spouse and then 'change their minds' and stay doing the adjustment of status. I am not saying that you try to travel with your wife, you may have problems at the PoE. Whatever you decide, good luck.