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How long will it take once i 130 is approved to go with my wife and step son to usa?

New York, NY |

Im an american citizen who married an ecuadorian woman and i have filed a petition for both her and my step son on june 14 it was accepted and in process we live in ecuador but because of financial circumstances i would like to go back to ny asap but not alone with them i would like to know if what i heard is correct that president obama passed a law that supposable says that they cannlt seperate families because of immigration please help me

Attorney Answers 4


  1. Generally, it takes about 5-6 months for an I-130 Petition to be processed. Once approved, it takes about 1 month for the approved petition to be forwarded from USCIS to the National Visa Center (NVC) for immigrant visa processing. Once at the NVC, you will need to provide the appropriate documents for immigrant visa processing. It then takes about 1-3 months for a final interview to be scheduled. I would advise consulting with an immigration attorney to discuss the process and documents required.


  2. Unfortunately you may have to go back by yourself for now. You also have to reside in USA when petitioning (I am simplifying this point a lot). You filed the I-130 and that was the first correct step. It will take 5-6 months to be approved and then you will receive correspondence from the National Visa Center for consular processing. Consular processing will include affidavit of support and DS forms, submitting original documents and certain checks. You may want to look into hiring an attorney to make sure everything is done timely and correctly or if you plan on doing this yourself, the department of state's web cite is very helpful in directing you as to where to go and the process and required forms and documents. Good luck

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


  3. About 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. I agree with my colleagues.

    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.

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