QUESTION

How long will a I-130 take if I file now and my wife is in Brazil?

Asked on Jul 30th, 2012 on Immigration - Texas
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I have a question that other people may have asked before, but I could not find anything related. My wife is currently in Brazil and I will apply for the I-130 and I am a US citizen. So my question is, how long until she can come to the U.S.? Just a rough idea of how long it could take. Thanks in advance for all your help and attention.
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8 ANSWERS

It usually takes about 9-12 months from filing to the consular interview at which time the visa is usually issued.
Answered on Sep 04th, 2012 at 10:08 PM

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Because this would be considered an immediate family based petition, the process will be quicker than if, for example, you were filing a petition for a brother or sister. That said, it is very difficult to give you a precise time frame. However, in accordance with the USCIS website, the estimate processing time is approximately 5 months. Nevertheless, many factors are considered and it would be best to consult an experienced attorney in immigration law.
Answered on Aug 20th, 2012 at 9:30 AM

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After your I-130 petition is approved, your wife will become eligible for an immigrant visa immediately. But 1) approval of the petition will take several months, up to a year or slightly more; and 2) an immigrant visa interview at U.S. Consulate in Brazil will take another few months to schedule.
Answered on Aug 20th, 2012 at 9:24 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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If through Consulate Processing, it will take about 1 year. *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed. If through the K3, it will take 3 to 6 months. *K3 Petition* Since you are already married and your spouse is outside the U.S., it would be necessary to apply for the K-3 Visa. The particular visa is considerably faster than the Consulate Processing needed to bring your spouse in as a Lawful Permanent Resident. Here, we would apply for the K-3 Visa which would take about 6 months. After, your spouse is in the U.S., the Adjustment of Status package can be filed.
Answered on Aug 20th, 2012 at 8:44 AM

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I-130 generally take about 5-6 months to be adjudicated. You will then be contacted by the National Visa Center to send additional documentation to them so an immigrant appointment can be scheduled for your wife at the US Consulate in Brazil. Wait times vary from Consulate to Consulate so you should look at the US Consulate in Brazil's website for further information regarding wait times. The whole proess from I-130 to visa interview to entering the counry as a US Permanent Resident generally takes at least 8-18 months depending on the correct and timely submission of all necessary paperwork. Hiring an immigration attorney to assist you with this process can help you avoid any pitfalls that may delay the petition and application.
Answered on Aug 20th, 2012 at 8:44 AM

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It will take approximately 9-12 months for the paperwork to be processed before her visa interview is scheduled at the US consulate.
Answered on Aug 20th, 2012 at 8:42 AM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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It is almost a 12 month process. With an attorney, probably around 7 to 8 months (maybe sooner).
Answered on Aug 20th, 2012 at 8:35 AM

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Bruce A. Coane
I-130 is usually 2-4 months. But, until the NVC finishes the case and she gets interviewed in Brazil, the whole process easily takes 6-12 months.
Answered on Aug 20th, 2012 at 7:55 AM

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