Skip to main content

Does the I130 have an expiration date?

Newark, NJ |

My wife and I began the process of obtaining her US Residential status over a year and a half ago and because of financial hardship, we could not proceed any further until now. What are our options?

+ Read More

Attorney answers 4


If your wife is eligible to adjust status, the validity of the I-130 under current law is indefinite to the best of my knowledge. (Colleagues chime in if I'm wrong on this.)

It's in the immigrant visa process where an I-130 can be revoked if you don't keep the process moving.

Consult with a competent attorney or BIA-accredited representative.


Daniel Green, Esq.
Serving the Hudson Valley, Northeast, and the World Beyond
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402

This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.


An approved I-130 does expire, though probably not that quickly. Your options depend on many factors on whether your wife can adjust status or must obtain an immigrant visa and whether the petition is still current. Make an appointment with a lawyer and bring the I-130 approval notice with you.


Is she here or outside of the US? As far as I know the I-130 does not expire, but if she is outside of the US and it has been more than a year since your last communication with the NVC - that's what expires and you have to re-initiate that consular process. If she is in the US, consult with an immigration attorney for the proper guidance and her eligibility for adjustment.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


An approved I-130does not expire, to the best of my knowledge.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer