California - I-130 Marriage to Citizen - Upset

A

amitmalik

New Member
Hi,
I am a US Citizen and have applied for immigration visa for my spouse (I-130). I had applied last month and recieved the recipt no. in a "Notice of Actiion" letter. The letter also states that usual time for processing is 815 - 825 days !!!

1) I used to think that it would take about 4 - 7 months for the processing to complete. Is 815 - 830 days a standard language clause or should I worry about this no. ?

2) When I look at current processing times for CA, it seems like currently they are processing 06/2002 applications which is consistent with the 6 months no. Is there any way to tell INS to expedite the processing time or maybe it is 6 months but they just say 815 days....

3) Should I have filled out I-130S instead ?

If anybody has gone thorugh similar expereince, could you please let me know if 825 days is standard language but the actual time is around 6 months... ?

Any suggestions to this would be highly appreciated. ..Thanks...
 
Don't worry, it is just standard language clause. My letter said the same (filed in April 2002), I-130 was approved by CSC in 3 months.

omer
 
i-130 for USC

I have appleid for my wife on january 99. Her application has not approved yet. I became us citizen on sep 30 last year. I have already sent my citizenship information to texas service center. Still No information from them,
 
i read your post in another thread
i have a question ,did you receiv anything from the sevice center ,i mean a receipt number not the approval and how long did it take ??
with a receipt you can apply for k3 visa (chicago) while you are waiting for i 130 approval .
good luck
 
My wife is here with me with V visa. If she has a K3 Visa, Does she has to reaply for K3 Visa if she leave USA? With V visa, She have to reapply again if she leave USA. Thanks
 
I got following information from a site:
If the marriage took place while the spouse was in the U.S. on another type of temporary visa or visa waiver, the spouse must depart the U.S. in order to be eligible to receive a K3 visa. Does that mean my wife have to leave usa in order to get K3 Visa??
 
bangu 44
if your wife is here already on V visa then you have a different route to take ,but since you are a us citizen ,then just file I 130 ,I 485 ,EAD ETC ....to your local immigration office

good luck
 
I have already filed I130(jan99) for my wife. Right now if she leave usa she has to get the V visa again from us embassy. I don't want her to face embassy. I don't know how much time TSC will take to approve I130. In the meantime what can we do, so she can travel abroad and don't have to face embassy for VISA??
 
the proper procedure you need to follow is as what menael said.

since you are the citizen, you could file I-130+I-485+I-131+I-765 all together in the first place to local BCIS office (not TSC). It is regardless of your wife's status (even she is out of status).

I-131 is for Advanced Parole (AP) and served as a visa and allows her to re-enter US. I-765 (EAD) allows her to work in the US. Both could be approved within 3 months after filing.

Now since you filed I-130. I am not sure if you could file the rest along with I-130 receipt to local BCIS office. Please check. I think you could. If so, she could get AP and EAD within 3 months.

Forget V or K visa. You do not need them.

check www.immigration.gov and go to "forms" and go to I-485. you could see contents under "family based". (right now the site is down).
 
sorry. i did not read your post closely. when you filed I-130 for your wife in 99, you were not citizen. in this case, TSC would start handle your I-130 when its visa quota is available. it means your first I-130 will not be approved till maybe 5 years later. that is the reason you did not hear from them.

you need to update your I-130 to citizen's spouse which the visa quota is available immediately.

please ask around or consult a lawyer on how to update I-130. I remember you could file the rest to local Dallas/Houston District Office along with I-130 receipt (not the approval). But your receipt currently is in wrong category (GC's wife). Correct this first.

You should not file anything for your wife till you get citizenship. You take the long route.
 
one thing, if your wife is out of status for more than 6 months, she will be barred from entry for 3 years. if it is more than 1 year, she will be barred for 10 years. it applies even she has AP.

I am not familiar with V visa. Based on your post, I think it is current. If you spend some money to ask a lawyer, you will get very clear answer.
 
thank you for the reply. My wife was out of status for around 4 months before I applied for V visa. ( She got laid off on august 2001, I have applied for her V visa on jan 2002 and she got it probably by march). The House representative wrote to INS to change wife's application to spouse of USC and they let her informed that my wife's application sent to a supervisor to chage it to wife of USC. I haven't got any notification from TSC.
 
if you did upgrade your i 130 from PR to citizen by sending a copie of your certificate of citizenship to the service center (TSC),the when you get the receipt you send 131 ,i 485 ...like emc1234 post it ,just do it one step at the time and you will be fine
the average timeline 6 to 8 months for i 130 approval
 
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