Quick Answer: Can My Spouse Stay In The US While I 130 Is Processed?

Can my spouse travel to US to visit while I 130 visa is processing?

If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US.

Nevertheless, it is possible to visit the US with a pending I-130, and we have seen many clients do it..

How long does it take for I 130 to be approved 2019?

5 to 12 monthsAfter filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation.

What documents do I need to submit with I 130?

Form I-130 Supporting Documents Checklist Proof of U.S. citizenship via passport, state-issued birth certificate, or naturalization certificate. Birth certificate of parents. Foreign passport of parents. Marriage certificate of your parents.

Does I 130 require an interview?

All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. … For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant.

How long after marrying a US citizen can I work?

Your work permit will arrive within five months — up to seven months, in some cases — after U.S. Citizenship and Immigration Services (USCIS) receives your work permit application. (Until recently, the typical processing time for a work permit application was 90 days, but a growing backlog has caused additional delays.

Can I 130 be denied?

Yes, the I-130, like any other visa petition, can also be denied. USCIS denies thousands of such petitions every year – and while the reasons may vary, some of them may be easily avoided.

How long does it take for NVC to schedule interview 2020?

How long does it take to get an appointment? NVC schedules appointments one month in advance. The U.S. Embassy/Consulate General tells us on which dates they are holding interviews, and NVC fills these appointments with cases in the order they become documentarily complete.

What happens after I 130 is approved for spouse?

Once your I-130 is approved for a spousal visa, the USCIS is going to send it on to the National Visa Center. Once they receive it, they will send you an email that contains an invoice for the two NVC fees. The first is the affidavit of support fee, then the visa application fee.

What is the difference between I 130 and i130a?

If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130. 2.

How much does a US spouse visa cost?

Estimated marriage-based visa cost: $1,200 The U.S. citizen spouse submits the marriage relationship form (I-130 petition) and other required materials to USCIS, along with the $535 filing fee.

How long does it take to hear from NVC after I 130 approval?

six to eight weeksFirst, USCIS has to send your file to the NVC. That can often take six to eight weeks after approval of the I-130, and possibly even longer in some cases. When NVC receives your case, it will send you a notification, typically via email.

How long does i 130 Approval take for spouse?

between 7 and 15 monthsFor marriage-based green cards, the USCIS I-130 processing times will vary between 7 and 15 months, depending on whether the sponsoring spouse is a U.S. citizen or green card holder and whether the spouse seeking a green card lives in the United States or abroad.

How long does it take to bring spouse to USA 2020?

Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse’s home country, but the typical time is around 24 months.

Can I stay in US while I 130 is pending?

Visiting the United States while you have a pending I-130 petition involves walking a logical tightrope. Although you intend to live permanently in the United States once you receive your green card, right now you must convince the immigration officer or CBP agent that you will not be settling in the United States yet.

What happens after submitting i 130?

If your Form I-130, Petition for Alien Relative, has been properly filed, USCIS will initially respond by mailing you a receipt notice that confirms receipt of your application. The receipt notice is formally known as Form I-797C, Notice of Action (see example below) and arrives 2-3 weeks after filing.

How long does it take after your I 130 is approved?

After the approval of Form I-130, your family member will be called for an immigrant visa interview sooner, if the petition gets through the NVC quickly. At times, an interview will be scheduled, within one month from the date of approval of Form I-130 and at times, it might take more than 6 months.

What does I 130 approval mean?

Petition for Alien RelativeWhat Happens After I-130 Approval. A U.S. citizen or permanent resident uses Form I-130, Petition for Alien Relative, to establish a qualifying relationship with a foreign national relative, and communicate the intention to help that person obtain a green card in the United States.

Which is better fiance or spouse visa?

While the process is very similar, the benefit of a fiancé(e) visa is that they can join you in the country much faster than with a spouse visa. With that being said, however, the cost is significantly higher for a K-1 fiancé(e) visa.