How long does it take for I-130 to get approved for spouse?

How Long Does it Take for I-130 to Get Approved for Spouse?

As a U.S. citizen or lawful permanent resident, you may petition for your spouse to become a lawful permanent resident of the United States. The process starts with filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). However, the time it takes for USCIS to approve your I-130 petition for your spouse can vary depending on several factors. In this article, we will discuss the timeline for I-130 processing, the factors affecting it, and what you can do to expedite the process.

How long does it take to get I-130 approved for spouse

As a lawyer practicing immigration law in the United States, I can provide some information about the I-130 petition process for spouses. The I-130 petition is the first step in the process of obtaining a green card for a spouse who is not a US citizen. It establishes a relationship between the US citizen petitioner and their foreign spouse.

The processing time for an I-130 petition can vary depending on several factors, such as the current processing times of the USCIS office handling the case, the completeness of the application, and any issues that may arise during the review process. Typically, it can take anywhere from 7 to 15 months for an I-130 petition to be approved for a spouse.

To ensure a smooth and timely approval process, it is important to provide all necessary documentation and evidence of a bona fide marriage, such as joint bank account statements, lease agreements, and photographs. Additionally, it is crucial to respond promptly and accurately to any requests for additional information or evidence from the USCIS.

Factors affecting I-130 processing time:

  • Current processing times at the USCIS office
  • Completeness of the application
  • Issues that may arise during the review process

Example: If a US citizen submits an I-130 petition for their spouse in January 2021 and the USCIS office handling the case has a current processing time of 10 months, the approval of the petition may take until November 2021. However, if there are any issues with the application or additional evidence is requested, the processing time may be longer.

How long does it take to get a response after filing I-130

How long does it take to get a response after filing I-130?

When you file an I-130 Petition for Alien Relative, the U.S. Citizenship and Immigration Services (USCIS) will generally take several months to process your application and provide you with a response. The processing time can vary depending on various factors, such as the volume of applications received by USCIS, the complexity of your case, and whether additional information or documentation is required.

According to USCIS, the current processing time for I-130 petitions is around 8 to 10 months. However, this is only an estimate and actual processing times can vary depending on individual cases.

It is important to note that the processing time for I-130 petitions can also be affected by external factors, such as changes in immigration policies or backlogs in the visa processing system.

If you have filed an I-130 petition and are waiting for a response from USCIS, you can check the status of your application online at the USCIS website using your receipt number.

Example:

For example, if you filed your I-130 petition in January 2021, you can expect to receive a response from USCIS around September or October 2021. However, if your case is more complex or if additional documentation is required, the processing time could be longer. It is important to be patient and follow up with USCIS if necessary.

What is the processing time for I-130 in 2023

As an AI language model, I do not have access to information that is current or accurate beyond October 2021. However, I can provide general information about the processing time for I-130 petitions.

The I-130 petition, also known as the Petition for Alien Relative, is the first step in the process of sponsoring a family member for a green card in the United States. The processing time for an I-130 petition can vary depending on several factors such as the USCIS workload, the type of relationship between the petitioner and beneficiary, and the country of origin of the beneficiary.

As of October 2021, the USCIS processing times for I-130 petitions range from 5 to 14 months for most categories. However, some categories such as immediate relatives of US citizens and spouses of US citizens may have shorter processing times. Meanwhile, other categories such as siblings of US citizens and married children of US citizens may have longer processing times.

It is important to note that processing times can change frequently and a specific processing time for 2023 is not available at this time. It is also important to keep in mind that the processing time is an estimate and may vary depending on individual circumstances.

Example:

For instance, if a US citizen files an I-130 petition for his/her spouse who is currently living in the Philippines, the current processing time as of October 2021 is estimated to be 7.5 to 9.5 months. However, this estimate may change depending on the USCIS workload, the completeness of the application, and other factors.

What happens after I-130 is approved for spouse

What Happens After I-130 is Approved for Spouse?

If you are a US citizen or a lawful permanent resident and you have filed Form I-130, Petition for Alien Relative for your spouse, you might be wondering what happens after the petition is approved. Here is an overview of the next steps:

  1. NVC Processing: If your spouse lives outside the US and you filed the petition with the USCIS office in the US, your case will be forwarded to the National Visa Center (NVC) for processing. The NVC will send you a letter confirming receipt of the approved petition and providing instructions on how to proceed.
  2. Choice of Agent and Fee Payment: You will need to choose an agent to represent your spouse in the visa application process and pay the required fees to the NVC.
  3. DS-260 and Supporting Documents: Your spouse will need to complete the online DS-260 form and provide supporting documents, such as a birth certificate, police certificate, and medical examination report.
  4. Interview: Once the NVC has received all the necessary documents and fees, it will schedule an interview appointment for your spouse at the US embassy or consulate in their home country.
  5. Visa Issuance: If your spouse passes the interview and is found eligible for an immigrant visa, the embassy or consulate will issue the visa and your spouse will be able to enter the US as a permanent resident.

For example, if John is a US citizen and he filed an I-130 petition for his spouse Maria who lives in Mexico, and the petition is approved, the case will be forwarded to the NVC. John will need to choose an agent and pay the required fees to the NVC. Maria will need to complete the DS-260 form and provide supporting documents. The NVC will schedule an interview for Maria at the US embassy in Mexico. If Maria passes the interview, the embassy will issue an immigrant visa and Maria will be able to enter the US as a permanent resident.

How Long Does It Take for I-130 to Get Approved for Spouse?

As a lawyer, I have seen many clients who are U.S. citizens or lawful permanent residents petitioning for their foreign spouse’s immigration to the United States. One of the most common questions they ask is, “How long does it take for I-130 to get approved for spouse?” The answer is not straightforward, as it depends on various factors.

The I-130 is a form that U.S. citizens or lawful permanent residents file with the United States Citizenship and Immigration Services (USCIS) to petition for their foreign spouse’s immigration to the United States. The USCIS will review your petition and determine whether you are eligible to sponsor your spouse.

The processing time for an I-130 petition varies depending on the USCIS workload, the completeness of the application, and the complexity of the case. Typically, it takes around 7 to 15 months for the USCIS to approve an I-130 petition for a spouse. However, the processing time may be longer or shorter depending on the individual case.

To help you get an idea of the processing time, here is a list of average processing times for I-130 petitions for spouses based on the USCIS data as of August 31, 2021:

  • For Immediate Relative (IR) petitions filed by U.S. citizens: 6.9 months
  • For Family Preference (F) petitions filed by U.S. citizens: 8.9 months
  • For Family Preference (F) petitions filed by lawful permanent residents: 20.7 months

It is important to note that these processing times are subject to change and may not reflect the current processing time for your case.