130 processing time for spouse

[citizen_hopeful]

Hello,

What is the I-130 processing time for a spouse of a US green card holder?

Thanks

[PraetorianXI]

You file I-130 for your spouse
---
Within a year
---
I-130 Approved and you are given a priority date.
---
5-6 Years pass until the priority date becomes current.
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Time to go through Consular Processing or AOS in order to receive the GC.
---
Within a year (if not stuck in name check)
...

Total time: 7-9 years approx, if your spouse is not stuck in fbi namecheck.

[citizen_hopeful]

My spouse is a Canadian citizen and travels to the US on weekends on the visa waiver program. I'm going to file for US Citizenship soon at the end of december.

Is the I-130 processing faster If I apply for my spouse after I become citizen? If its the same I'm think of applying for her before I become a US citizen.

[boatbod]

The I-130 itself probably won't be faster if you are a USC, but being one will allow you to concurrently file an I-485, or at the very least, avoid having to wait for a PD to become current if you choose the CP route.

[PraetorianXI]

It will be faster after you file for him as a Citizen. Meaning, the Priority Date will be current immediately... However once you file I-130 for him, he will probably not be able to enter the USA under VWP or any other non-immigrant visa.

[citizen_hopeful]

Its my wife's I-130 I'm petitioning for :-D. As per the post here - time for I-130 approval is the same...irrespective of petitioner being a green card holder or us citizen.

Say I petition for I-130 (for wife) now.. after 7 months it gets approved or is still pending. What do I have to do to update my wife's approved or pending I-130 once I become a us citizen? How long does this upgrade process take?

Once the immigration officers at the border did call my wife in for questioning perhaps because she came so many times and that I was a green card holder. She mentioned to them she was visiting me and showed them all her job pay stubs, apt rent reciepts and college course receipts from canada. The officer told her to keep her file uptodate and she could come even after she applied for her papers. I will ask her to call the immigration office at the border to confirm if its ok to file I-130 and come visit the US, if she has the intention to return (paystubs, college course recipts, etc).

[js360]

you should apply for your citizenship and wait until you get it before applying for your spouse, otherwise if you apply, and its pending, legally she cannot enter the states to see you. that is the position that i am in right now, i applied for my n400 and her i130 at the same time, she is pending, but i should be citizen within a few more months. then i can upgrade and it shouldnt take more than a year for her to get GC

[js360]

Originally Posted by citizen_hopeful

Its my wife's I-130 I'm petitioning for :-D. As per the post here - time for I-130 approval is the same...irrespective of petitioner being a green card holder or us citizen.

Say I petition for I-130 (for wife) now.. after 7 months it gets approved or is still pending. What do I have to do to update my wife's approved or pending I-130 once I become a us citizen? How long does this upgrade process take?

Once the immigration officers at the border did call my wife in for questioning perhaps because she came so many times and that I was a green card holder. She mentioned to them she was visiting me and showed them all her job pay stubs, apt rent reciepts and college course receipts from canada. The officer told her to keep her file uptodate and she could come even after she applied for her papers. I will ask her to call the immigration office at the border to confirm if its ok to file I-130 and come visit the US, if she has the intention to return (paystubs, college course recipts, etc).

sorry i did not read this post before posting last, the law is she is not allowed in, but it all depends on the border agent, some of them wont care even if she has all documents, my wife gets denied on a weekly basis, but she tries every week. she has been allowed only 1 or 2 times.

[citizen_hopeful]

Thanks for posting your experience and advice.. really appreciate it. I will wait to become a citizen and then apply for I-130.

While the I-130 is pending I will probably try to get a TN visa for canada or canadian green card, what do you think of these?

[js360]

you do not need anything, you can go there as you wish(to canada). we atleast i had no problems for 5 years, but then again im a canadian citizen, if you intend to stay there for a bit and work then yes you will need those, but otherwise i dont see a problem.

[sunnycalif2007]

I have a question. My citizenship interviews is scheduled for 1/10/08. My wife is in India, Never been to US. What is the fastest way to bring her?. My understanding is that we need I-130 recipt number for filing I-129 (k3). Considering the I-130 recipting delays, is it ok to file I-130 as LPR and get the recipt number befor the oath and file I-129 (K3) on the oath date and status change the I-130 from LPR to Citizen.

Any advice?

[delisi22]

i filed the end of july and still nothing happened yet im expecting something within the next month......this process really sucks for those of us who are U.S citizens trying to get their spouses here as soon as possible.....GOOD LUCK TO ALL

[Triple Citizen]

I know this is not the crux of your question, but Canadians are not part of the visa waiver program. Canadians have a special (exclusive) program that does not include any other country.

Originally Posted by citizen_hopeful

My spouse is a Canadian citizen and travels to the US on weekends on the visa waiver program.