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How long it takes to get I-130 approved ? will I be eligible for green card ?

Dayton, OH |

I am F1 student I will get married to my USC girlfriend who I have been living withe for 3 years . I need to drop my classes this semester because I have heard that if i failed my F1 visa will be canceled or if I withdraw the all the classes . also I have heard that if I apply for I-130 I before I drop my classes in the deadline date 4/15/2013 will save my F1 visa status . my question have what heard is correct? how long it takes to get I-130 approved ? will I be eligible for green card ?

I contacted my school and they told me you will have to leave the country within 2 week of dropping the semester

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Attorney answers 6


Processing times are as posted on the USCIS website. You really need to retain an experienced immigration attorney, as your posting indicates you have already made a mistake that will cost you time. A whole I-130/I-485 packet should have been filed together.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


If you file the I-485 packet together with the I-130, you should have you green card in 4 to 6 months.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


4-6 months, assuming package is complete and there is no RFE.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.



what RFE means ?

J Thomas Smith Ph.D.

J Thomas Smith Ph.D.


Request for evidence.


It takes between 5 to 9 months in most I-130/I-485 immediate relative filings. An intending immigrant is not permitted to be a non immigrant student.



Processing times are approximately 4-6 months given there are no Requests for Evidence and the security checks all clear.


You could file for immigration paperwork after marriage and this conflicts with F1 and to make an informed choice you should consult with an attorney. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13295 Illinois St Ste128
Carmel IN 46032
Ph: (317) 660-6174

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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