QUESTION
What can I do if my spouse's visa application has been processing for 18 months?
Asked on Sep 26th, 2012 on Immigration - Colorado
More details to this question:
I had applied for spouse visa for my wife I-130 (I am a Legal Permanent Resident) seven months ago. I reside in Virginia. It says it is being processed in Vermont service Center. As I see in the USCIS site, it has processing of 18 months! Some months ago, my friends had applied for I-130 for their spouses similar but their petition had gone to California and it was approved in 5 months. So what is worrying me that I am unlucky that my petition has gone to such place or the priority date (the day I filed petition and they accepted it) matters at the time of Visa. It is going to take 3+ years anyway but is Vermont adding more time or they work in priority date for visa? It’s definitely not my fault that my case went to Vermont. Please give me some suggestions. I would highly appreciate it.
5 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It can be frustrating that your petition's processing will take nearly 4 times longer when it would in another Service Center. However, the processing time does not matter in this case because the priority date for F2A category (spouses and children of permanent residents) now is June 1, 2010. This means that your wife will not receive her immigrant visa for another 20 months or, possibly, a bit longer. Her place in the queue is determined by the date of filing of the immigrant petition (the Priority Date marked on the Form I-797 receipt notice that you received from USCIS), not by the date of approval of the petition.
Answered on Oct 05th, 2012 at 12:28 AM
It really does not matter about the processing times since the priority date will operate the same throughout. If you are permanent resident, it will be about 2-3 years before a visa number will become available.
Answered on Oct 01st, 2012 at 11:51 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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As long as your case is still showing it is pending and neither you nor your spouse has moved the delay will not hurt you. Be sure to notify USCIS of any moves. If you naturalize the case can be upgraded to immediate relative and then it would be important to push for adjudication or even better just file for adjustment and let USCIS retrieve the file from Vermont.
Answered on Oct 01st, 2012 at 12:22 AM
I recommend that you file for naturalization as soon as you qualify to become a U. S. Citizen. Otherwise, your wife may be disqualified from further processing in the U. S. I also recommend an appointment with a competent, candid and experienced immigration to carefully review your options. Perhaps, you are confused with how the U. S. Visa quotas work along with the delays and complications encountered during USCIS and State Department processing.
Answered on Sep 28th, 2012 at 7:38 PM
Real Estate Attorney serving Frisco, CO
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The priority date is the date VSC received the petition, not the date they decide it.
Answered on Sep 28th, 2012 at 7:37 PM