I recently filed an I-130 with the help of a lawyer. My husband and I included all the documentation that was asked for. How long will it take for USCIS to respond and what should we expect?
For one your retained a counsel of record who should advise you fully on your case every step of the way, secondly, each AOS case is different and develops individual timelines based on the nature of the documents submitted, the case load of the particular USCIS center where the application is reviewed and other factors. Generally, the whole process may take up to four or five months until completion provided there are not RFEs and other delaying impediments.
USCIS currently states the average processing time is 7.5 months for a U.S. citizen petitioning his/her spouse and 19.9 months for a lawful permanent resident petitioning a spouse. The timing will also depend on whether your husband is in removal proceedings or not and whether or not an interview is needed. You can check the status of your actual petition once you receive the receipt at this website:
Your attorney is always the best person to answer these questions because he/she knows more about your case. Also, if the petition falls outside this normal processing time, the attorney can contact USCIS to notify them of the delay.
Get free answers from experienced attorneys.
25,662 answers this week
2,672 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary