What is the processing time after the I-130 approval? 8 Answers as of December 20, 2011My 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?
Law Offices of Grinberg and Segal | Alexander Segal
You have asked a lot of questions and I will try to address them all. USCIS can process an I-130 in a few days or many days, it really depends upon how prepared the case is when filed. Delays in processing usually occur when insufficient evidence is submitted or other issues are present. Those steps that are shown online are to show where a case is at. They are general and not always applicable to every case. The I-130 is approved. The fact that it was approved quickly only means the necessary evidence was there, it has no bearing on the final resolution of the case. Once the case is transferred to the NVC, it takes about 6-8 months to complete. Assuming your daughter is a U.S. citizen, they do not need to wait for a visa to be available as one is immediately available to her spouse. This depends upon what documents are requested and how long it takes to respond to these request. Once the NVC case is complete, the file is sent to the local U.S. Embassy/Consulate for an interview. The U.S. Embassy/Consulate makes the final decision on whether to issue the immigrant visa.
Answer Applies to: New York
Fong & Associates | William D. Fong
The case is going to the NVC and then will be forwarded to the US consulate or embassy your daughter noted on her petition for her husband to apply for the immigrant visa. There is no visa wait for the spouse of a US citizen. There may be a bit of an issue if she is not living in the US, as she will need to declare that she will enter the US to live with her husband. Have an experienced immigration attorney review the filings.
Answer Applies to: Texas
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
Looks like everything is moving along fine. Not considering unusual circumstances with a specific case, processing timelines often depend on the backlog of applications at the agency's centers. It may appear that a step has been skipped, but it is unlikely. Expeditious processing may be due to newly instituted policies. The alien spouse (your son-in-law) of a US citizen does not have to wait for a visa number. If there is any delay, it might happen at the consulate for internal reasons or because the petitioner and/or applicant has not complied with requirements.
Answer Applies to: Maryland
Law Office of Rebecca White | Rebecca White
No, your daughter and son-in-law will not need to wait for a visa number to become available - he will be an "immediate relative." Following submitting the paperwork to the NVC (affidavit of support information) the file will be transferred to the consulate and he will be set for an interview. Timing can vary significantly for interview dates. If your son-in-law does not require a waiver (no prior immigration or criminal issues), and the NVC has all required paperwork, the process should be near complete - perhaps within the next month or two for an interview date.
Answer Applies to: Washington