Final processing time after interview has taken place? (I-130)

E

EAN

New Member
Hey everyone!
Great forum. Wish I would have known about this sooner... :)

Anyway - My wife is a U.S. citizen who filed a I-130 back in late September 2010.

Two days ago, we received the I797C confirmation letter saying intial review is complete and that she should come for an interview. And finally, today - we got the official interview appointment letter saying her interview will take place on February the 9th. So far so good! :)

I wonder though - what more happens after this interview, and how more can we expect to wait before I finally get my green card? Are we talking days/weeks/months?

I ask because my current Visa Waiver expires on February 22nd, and I would really prefer to stay here instead of buying plane tickets worth $1300 just to leave and come back again.

Also, now that the interview will be completed on the 9th, will this affect my ability to return again on another Visa Waiver, or do I still need to get an "Advanced Parole" for my (possible) temporary leave? (If I have to leave now at all, that is)

Thanks in advance for any and all replies!
 
Sorry to bump this thread but, does nobody here know the normal wait time after the I-130 interview has completed?
 
EAN said:
Hey everyone!
Great forum. Wish I would have known about this sooner... :)

Anyway - My wife is a U.S. citizen who filed a I-130 back in late September 2010.

Two days ago, we received the I797C confirmation letter saying intial review is complete and that she should come for an interview. And finally, today - we got the official interview appointment letter saying her interview will take place on February the 9th. So far so good! :)

I wonder though - what more happens after this interview, and how more can we expect to wait before I finally get my green card? Are we talking days/weeks/months?

I ask because my current Visa Waiver expires on February 22nd, and I would really prefer to stay here instead of buying plane tickets worth $1300 just to leave and come back again.

Also, now that the interview will be completed on the 9th, will this affect my ability to return again on another Visa Waiver, or do I still need to get an "Advanced Parole" for my (possible) temporary leave? (If I have to leave now at all, that is)

Thanks in advance for any and all replies!
Click to expand...

No worries regarding your upcoming Visa Waiver expiration as your USC spouse filed your I-130 in September 2010, prior to the February 2011 VWP expiration. There is no way to tell how long your immigration process will take. Do not leave the USA without an Advance Parole, otherwise your case will be abandoned.
 
EAN said:
Hey everyone!
Great forum. Wish I would have known about this sooner... :)

Anyway - My wife is a U.S. citizen who filed a I-130 back in late September 2010.

Two days ago, we received the I797C confirmation letter saying intial review is complete and that she should come for an interview. And finally, today - we got the official interview appointment letter saying her interview will take place on February the 9th. So far so good! :)

I wonder though - what more happens after this interview, and how more can we expect to wait before I finally get my green card? Are we talking days/weeks/months?

I ask because my current Visa Waiver expires on February 22nd, and I would really prefer to stay here instead of buying plane tickets worth $1300 just to leave and come back again.

Also, now that the interview will be completed on the 9th, will this affect my ability to return again on another Visa Waiver, or do I still need to get an "Advanced Parole" for my (possible) temporary leave? (If I have to leave now at all, that is)

Thanks in advance for any and all replies!
Click to expand...

When did you marry?
When did you enter?
When did she file the I-130?
Timing of events is very telling and is closely scrutinized.

Were you married before you entered?
Did you plan to enter and get married?
If yes to either, did you disclose it to CBP?

There is current controversy over VWP entrants being able to file for adjustment 1.) at all, or 2.) after the expiration of their authorized stay. Ther is also always a question of undisclosed immigrant intent which is fraud and misrepresentation requiring a waiver.

On the I-130, did she indicate concular processing or adjustment of status?

Things may not be as easy as you would wish. I-130 interviews are rare and a sign of trouble. Are you actually talking about concurrently filed I-130 and I-485 etc.?
 
Last edited by a moderator:
Things may not be as easy as you would wish. I-130 interviews are rare and a sign of trouble. BIGJOE COULD YOU PLEASE MAKE THIS STATEMENT CLEAR, WHEN YOU GO TO THE CONSULATE THEY DONT INTERVIEW YOU??
 
Siebu09 said:
Things may not be as easy as you would wish. I-130 interviews are rare and a sign of trouble. BIGJOE COULD YOU PLEASE MAKE THIS STATEMENT CLEAR, WHEN YOU GO TO THE CONSULATE THEY DONT INTERVIEW YOU??
Click to expand...

This guy is in the U.S. and he is not talking about a Consular interview for himself. He is talking about an I-130 interview involving the I-130 petitioner, USC spouse.

How often do you see that? The I-130 is USUALLY adjudicated at a Service Center without an interview.
 
BigJoe5 said:
When did you marry?
When did you enter?
When did she file the I-130?
Timing of events is very telling and is closely scrutinized.

Were you married before you entered?
Did you plan to enter and get married?
If yes to either, did you disclose it to CBP?

There is current controversy over VWP entrants being able to file for adjustment 1.) at all, or 2.) after the expiration of their authorized stay. Ther is also always a question of undisclosed immigrant intent which is fraud and misrepresentation requiring a waiver.

On the I-130, did she indicate concular processing or adjustment of status?

Things may not be as easy as you would wish. I-130 interviews are rare and a sign of trouble. Are you actually talking about concurrently filed I-130 and I-485 etc.?
Click to expand...

Hey guys, and thanks for the responses so far! :)
Ok, here is some more info to answer your questions and to clarify the situation:

My wife and I got married in 1999 while we still lived in the U.S. the first time. Back then I was on a student visa, but in 2002 we moved to Europe. We moved back again into the U.S. in August of 2010 (and I was admitted on a Visa Waiver at the port of entry). In late September 2010 is when we filed the I-130, and the official receipt date from USCIS is October 1st 2010.

My first Visa Waiver from August expired mid-November 2010, so I went back to Europe for a week, and then received another Visa Waiver when I came back into the U.S. (end of November 2010). As you know, the Visa Waiver expires after 90 days, and this is why it now expires again in late February 2011 so in theory I have to leave here a second time (but hopefully I don't have to!). By the way, I had all the papers in order when I talked to immigrations upon my return in November. I had a return ticket, proof of residency and income in Europe, etc. and they were fine with all that.

I'm not sure what you mean by "concular processing", but our intention with the I-130 was for Permanent Residency.

I thought everyone got called in for an interview for the I-130? How come this is a sign of trouble?

The letter we received is titled "Petition for Alien Relative I-130 Interview" and states:
Permanent Residence Interview Section:
The petitioner must attend the interview. If the beneficiary resides in the United States, he or she must also attend the interview.
Bring with you: This letter with your passport, re-entry permits, your receipt, and any other immigration documents in your possession. If petition is based on marriage to a citizen of the United States or permanent resident, bring evidence of co-habitation and commingling of finances such as: rent receipts, bank statements, utility bills, apartment leases or home mortgage.
Click to expand...

The USCIS can find proof that we have lived here prior, and that I even worked here legally back then, or we can easily provide them with lots of such proof. We also have children together who were born in the U.S. and they are now 10 and 12 years old.

As far as I know we have done everything legit and followed all the rules we have been told. I'm just curious as to how long I still might need to wait until it is all over.. :confused:

Thanks again for all advice! :)
 
An I-130 petition only verifies the relationship. It places you in line to file for an Immigrant Visa. Immediate relatives of a USC are, by law, at the front of the line with an "immediately available" visa. There is still going to be a processing delay no matter what you do.

Once an I-130 is approved, the "intending immigrant" can file for adjustment of status while lawfully present in the U.S. or after having made a lawful entry. MOST people would file concurrently for adjustment of status (I-485 and associated forms) along with the I-130.

If you file for adjustment in the U.S., you CANNOT travel abroad until you get Advance Parole which may take 3 months or more. If you file an I-485 for adjustment and travel without advance parole, the adjustment application is dead and you are prevented from returning to the U.S. without going through the consular process and then re-enter on your immigrant visa.

Once you make your immigrant intent known, you CANNOT use the VWP again (to successfully return on the VWP--you would have to lie about your intentions), nor will you be granted a nonimmigrant visa because you are actively pursuing immigrant status.

From abroad, the "intending immigrant" applies for an Immigrant Visa at a U.S. Consulate with jurisdiction over the foreign place of residence. It is next to impossible to gain entry as a nonimmigrant while in process for your immigrant visa.

Your situation has problems. Normally VWP entrants sign a waiver (either I-94W or through ESTA) of their ability to apply for an extension or to adjust EXCEPT as an Immediate Relative of a USC, that is you, or apply for asylum.

There is current litigation on the ability to file for adjustment of status AFTER the 90 days have passed. There is the further complication in your case of having entered, exited and re-entered on the VWP back to back and all the time with an "immigrant intent". In your case, Consular Processing is appropriate.

USCIS would probably accuse you of fraud upon entry on the VWP all the while fully intending to file for adjustment of status. You made a point of proving a foreign residence, return ticket, income in Europe, etc.. upon last entry. That sure seems like intentional fraud if you had no intention to actually depart by the end of 90 days. USCIS could and likely would deny your I-485. You have NO appeall rights (Motions are possible but futile.) Due to your VWP entry, you are not even entitiled to see an Immigration Judge. USCIS would simple tell you to depart in the I-485 denial. IF they made a finding of fraud, that would force you to apply for a waiver on top of pursuing Consular processing. Waivers are not easy to get.
 
Wow, BigJoe5, thanks again for the long reply...
Hmm,, I must say reading all that really scared me and I have read it twice but I don't understand half of what you said yet (but that's not your fault - I just find all of this VERY confusing). And why hasn't anyone told us about these rules?
It should be so simple once we're married right? We didn't do the I-485 because I knew I couldn't adjust status while on a VWP. Actually didnt' think I needed a I-485 at all.

I can't even fathom being away from my wife and kids for more than a week. Last time in November was 10 days and it was VERY VERY hard on all of us... :( I do *not* want to be away from the longer than that again.
Hmmm....I will read everything you said again and try to digest this.

But one comment I have for now is:
I had 100% FULL intent of leaving again after the 90 days this time and I told the immigration officer this. Yes, I have full plans of leaving on the 22nd of Feb. but I asked my first questions thinking there was now hope that my LPR status was secure X amount of days/weeks/months after the interview was completed.

And by the way - it seems like I-130 interviews are VERY common, as I did a quick search for it on Google.

Is there ANYTHING at all that I can do to prepare before my departure on Feb 22nd? My children (one born with a mental disability) and wife will be absolutely devastated and not handle me being gone for any length of time so it is very critical that for us that we figure something out.

All and ANY help from you guys here is highly appreciated.
Thanks!

P.S. I also want to add that this is a desperate situation as we have sold our home in Europe, and I quit my job there so that we could move here permanently and for me to work here as soon as possible. I work from home doing online business.
 
Last edited by a moderator:
Once the I-130 is approved, you go abroad for consular processing and you and do your work online from there. It depends on which consulate that you deal with as to the actual processing time. At the I-130 interview you can ask the Officer to expedite the file transfer. Bring information about your disabled child's need for your presence to justify an expedite request.

The Officer that you deal with may tell you of your ability to file an I-485 (but that Officer will be unaware of all the facts). You are NOT obligated to explain why you choose to do Consular Processing at this time. Your spouse and you can change the answer to the pertinent question on the I-130 at the interview. It is in your own best interest to avoid having USCIS find fraud on your last VWP entry. The one where you made an effort to justify returning so soon and that you did, in fact, intend to depart and that you did, in fact, have a residence and income abroad.

Which Consulate will you deal with abroad? Perhaps you can find anecdotal information about the processing timeframe.
 
You must log in or register to reply here.
Top