How long will it take for the UCIS to accept my wife and baby? 7 Answers as of January 10, 2011

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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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 1/10/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
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.
Answer Applies to: California
Replied: 1/7/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Please keep copies of everything sent. You may need to keep calling NVC. Each time, however, you may receive a different answer.

Consider seeing an attorney to help you with this matter.
Answer Applies to: Texas
Replied: 1/6/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Sorry, nobody knows but USCIS. There might be a problem with your petition so the USCIS is reviewing it. You have to be patient. Good luck!
Answer Applies to: Florida
Replied: 1/6/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
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.
Answer Applies to: California
Replied: 1/6/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    I can't explain the fee issues with NVC but I can say that the immigrant visas are not available for your wife and child at this time. It sounds like you filed the petition in 2009 so the priority date is in 2009. The January 2011 visa bulletin shows a 3 year backlog so right now you are looking at another 2 years or so. You should monitor the progress at the Department of State website.
    Answer Applies to: Virginia
    Replied: 1/6/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    That's going to depend on the backlog at the US embassy, I'm surprised that the process has been completed based on the time frames you laid out.
    Answer Applies to: Florida
    Replied: 1/5/2011
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