QUESTION

If I-130 has been accepted what is next?

Asked on Oct 01st, 2013 on Immigration - California
More details to this question:
Here is my situation: I am currently living in Montreal, Quebec, Canada. My wife, a US citizen, is currently living in Pittsburgh Pennsylvania. My form I-130 was received by USCIS's Chicago Lockbox on 11 Sept, 2013. By 24 Sept 2013, my wife received an E-Mail stating that our case has been accepted and routed to the USCIS National Benefits Center for processing and we were provided with a Receipt number to track our case. We expect to receive our Receipt Notice (Form I-797) in the next day or two. My main questions are as follows: The USCIS "My Case Status" page states that our case is in Initial Review. How long should I expect this process to take? What exactly is being done at this stage of the process? The description on the USCIS page is quite vague. Also, after this process has taken place, what are the next steps that I should expect? Is there anything within my power that I can do to expedite this process? Any advice that you can give me would be immensely appreciated! Thank you.
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5 ANSWERS

It will take about 4-7 months for the I-130 to be approved by the USCIS. T hen it will go to the National Visa Center for consular processing document gathering and will take about another 3-4 months for everything to be submitted to the NVC by you and your spouse and then the interview will be scheduled at the US Consulate in Montreal. If you are successful at the interview, you will be granted an immigrant visa to enter the US and upon entry you will be a permanent resident (the green card itself will arrive in the mail shortly thereafter)
Answered on Oct 08th, 2013 at 2:11 PM

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Immigration and Naturalization Attorney serving Tupelo, MS
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During "Initial Review" the case is pending for approximately 7-12 months, "in line" until it reaches a USCIS officer's desk. The application is then reviewed to make sure proper documents and supporting evidence was submitted. The case can be approved or more evidence can be requested. Once approved by USCIS, the case is transferred to the NVC, which is the agency in charge of gathering all documents needed for the immigrant visa interview. The NVC stage could take from 2-4 months depending on how quick you submit the documents. Finally, an interview will be scheduled at the US Consulate in Canada.
Answered on Oct 07th, 2013 at 11:45 AM

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National Benefits Center does not process I-130 petitions. The only place where your wife's petition can be processed is Vermont Service Center, which now issues decisions on the petitions filed on October 22, 2012. This gives you a reasonably close estimate of the time your wife's petition will be "in Initial Review". What exactly "in Initial Review" means is a closely guarded government secret. Us pedestrians cannot even be sure whether its a stage in the process or a place (mark that both words are capitalized); this information is given on a "need-to-know" basis, and only Armani-grade USCIS suits need to know. I strongly suspect that "in Initial Review" is a government-speak for "just sitting there in a pile waiting to be dealt with, whenever we might find time for it" ("we" being Marshall's-grade USCIS suits) Assuming that your wife did not make any mistakes in the paperwork and filed all the mandatory supporting documents, when your turn will come, the system will generate an approval of the petition and forward it to the National Visa Center of the U.S. Department of State. NVC will end your wife a letter asking for visa fees. After she pays the fees, a visa number will be generated for you, and the case will be sent over to the U.S. Consul General in Montreal, where it will sit until someone gets around to send you a summons for an interview. The letter will list all the documents you will be required to bring (police clearance certificate, medical examination and vaccinations report, etc.) Although it will not be listed in the interview notice, you will be expected to bring evidence that your marriage is real. Try to assemble documents and photographs showing the story of your courtship, engagement, wedding, and married life. Hotel receipts, airline tickets, restaurant charges on your credit cards, records of phone calls between the two of you, records of your wife's visits to Canada (immigration control stamps in her passport, etc.), your visits to the U.S., and your joint visits to third countries; receipt from Tiffany's for the ring, invoice from the catering company for the engagement banquet, etc, etc, etc. Get some people who know you well (close friends, parents) write affidavits attesting to your and your wife's commitment to each other. It will decrease odds of a denial if your wife can come with you for the interview.
Answered on Oct 02nd, 2013 at 2:44 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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The I130 will take about 6-7 months to get approved, once it is approved there are couple of other steps with the National Visa Center before an interview will be scheduled for you at the US Consulate in Canada to obtain an immigrant visa to come to the US as a spouse of a US citizen.
Answered on Oct 01st, 2013 at 4:13 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Total processing is likely to be 7-12 months including the various Department of State steps.
Answered on Oct 01st, 2013 at 1:31 PM

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