QUESTION
How long is it to get approved for I-130?
Asked on Jan 29th, 2013 on Immigration - Colorado
More details to this question:
I’m a US permanent resident citizen of Egypt I applied file I-130 for my spouse on 03/28/2012 and still have not gotten any approval. What do I need to do to get him approved notice, I have a problem in my spine, which prevented me standing too long or work long and therefore I made a expedite request for medical situation to speed up process but also still have not gotten any approval.
6 ANSWERS
It takes a while to get an approval for a spouse of a LPR but even once you get the approval, you would still need to wait for the priority date to become current before your spouse can be eligible to receive a visa.
Answered on Feb 07th, 2013 at 3:17 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It takes about 2 1/2 years to get a visa. Therefore this category is not approved immediately. No expediting.
Answered on Jan 31st, 2013 at 6:27 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Getting an approval is not going to bring your husband into the U.S. any sooner because, as a spouse of a permanent resident, he will not be eligible for an immigrant visa until his priority date becomes current. You filed I-130 in March 2012; immigrant visas are being issued to the beneficiaries of the petitions filed in October 2010. Your husband's place in the wait line is determined by the date of filing of I-130, not by the date of its approval. You have about 18 more months to wait; and expediting the processing of your I-130 will not bring the priority date any closer. Neither USCIS nor the National Visa Center has the authority to issue an immigrant visa in excess of the limit allotted by the Congress or to move your husband up the priority line. Considering your health, you might ask for your husband's admission to the U.S. on a humanitarian parole so he could be with you while waiting for his immigrant visa priority date.
Answered on Jan 29th, 2013 at 4:32 PM
Rebecca T White
You will want to review the Department of State Visa Bulletin to see how long waits are for an available priority date for spouses of permanent residents. You may do best exploring your options for naturalization.
Answered on Jan 29th, 2013 at 4:32 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Even if the case is quickly approved, the spouse of a permanent resident takes several years to become current. Your spouse will not be eligible for residence until her priority date is current. You could ask the Consulate for a parole so that she may enter the US earlier, but they are rarely given.
Answered on Jan 29th, 2013 at 4:31 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Because visa numbers are not available for spouses of LPRs, USCIS can take over a year to process an I-130 filed by an LPR.
Answered on Jan 29th, 2013 at 4:30 PM