I-130 Petition - Waiting Approval

[dog_90125]

The I-130 Petition I'd applied for my wife is being processed. It's been approximately 2 months now since being received.

Now I was looking into the K Visa to speed things up, to get my wife over to the states. But since we're not separated, this isn't an option now.

Is this true?

Now much longer will it take until the USCIS approves my case and grants my wife an immigration visa number so she can enter the US to finish applying for her Green Card?

Thank you for your assistance.

Brendan G.

 

[pianoplayer]

The I-130 Petition I'd applied for my wife is being processed. It's been approximately 2 months now since being received.

Now I was looking into the K Visa to speed things up, to get my wife over to the states. But since we're not separated, this isn't an option now.

Is this true?

Now much longer will it take until the USCIS approves my case and grants my wife an immigration visa number so she can enter the US to finish applying for her Green Card?

Thank you for your assistance.

Brendan G.

I think you are confused with the different visas. If I understand it correctly, you are in the US, she is abroad. You filed an I130. This can take several months to be approved. After this is done, she can apply for the immigrant visa at the consulate abroad and then enter the US as an immigrant. She is then automatically a PR, there is no further GC processing to be done in the US, except to remove conditional residence, if you have been married for less than 2 years, later on.

If you are married, you cannot do K fiancee visa so that is out of the question for you.

There is a K3 spouse visa, that will allow her to travel here and wait for the I130 to be approved. She can then apply to adjust status to permanent residence with the I485, since she is already in the US.

 

[Ken27]

Sounds like you are going through the same process I am. All you can do is wait until the I-130 is approved. It took us about 7 months. You can check the website and see what RD they are processing. Then you do the math and see how much longer it will take to get to your application.

Then you get your papers. Just make sure you fill out all forms and mail them back immediately. I screwed up when I got the change of address form, or whatever it is called. It gives permission to send all information to you, instead of mailing it to your wife.

I held onto that form for about 1 month, because I did not think it was something that needed immediate attention. I thought that if I did not mail it, the information would continue to be sent to my wife in Brazil.

Whoops, the return of that letter triggers everything else regarding the Visa application. Delaying the mailing of that letter, delays the visa process.

Fortunately you will get the easy version of the I-864. Because I am self-employed, and an employee, I sat for many weeks trying to figure out that form. It does not like complicated income. If self-employed you have to submit check stubs from contractors, 1099's from last year and proof that you are still making recent money in your business. If you are an employee, then you need W-2, taxes, Letter from Employer, etc.

Just another note . . .

I did all of this around tax time. Ends up you have to get a W-7 form to be able to claim her as a spouse (If she does not have SS Number), even if you file separately. You will probably not run into this problem, because all of this will be behind you by the time tax time comes again.

Good Luck