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How long dose it take to process an I-130

Charlotte, NC |

I am here in the US came with a visa 12 yrs ago, now am married to a US citizen and I have filed my I-130 March 2013, I got the receipt number and up to date when I look up online on the status it says its still on initial review.
It's over 3months now., next Saturday will be 4 months. Is that usual? What's going on here?

Attorney Answers 6


  1. Every case is fact specific. This is normal and you need to be patient.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  2. Is it safe to assume that you filed the I-130 at the same time as you filed a I-485, I-765 and other forms?

    If not, you made a mistake and your I-130 has probably been put into a 'slow track' ... instead of the faster one-step track which is more appropriate for the spouse of a US citizen who entered with a visa, even if it is expired.

    You should consult with an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. The average processing time is 5 and 1/2 months.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  4. Most of our clients in North Carolina receive an appointment notice to have their biometrics ( fingerprints, photos) taken at a USCIS ASC center about one to two months after receiving their 130/485 receipt notice, with final decisions taking 4-5 months. You may want to consult with an immigration attorney to make sure your case was properly filed with the appropriate supporting documents.


  5. Yes, if you only filed the petition. No, if you also filed his adjustment of status application, too. I highly recommend you meet with an attorney. My initial consultations are free, if you want more information.


  6. If you did not file than adjustment application (along with the other necessary applications and forms and supporting evidence, you petition may be on a slower track. Average time for a properly filed petition with adjustment 4 to six months to be scheduled for interview.

    919.225.3963
    immigration@rbrownllc.com
    www.brownimmigrationNC.com

    Robert Brown LLC
    2530 Meridian Parkway, Suite 3050
    Durham, NC 27713

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