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How long does it normally take for a i130 to be approved or denied?? can we send in the i130 and the i485 at the same time??

Islip, NY |

Me and my BF will be getting married and he will be my petitioner. We just want to know how long does the process normally take and is it okay if we send in both papers at once. Is it safe??

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Attorney answers 4


I you are married to a U.S. citizen, you may file both petitions at once.

Consult with a competent attorney or BIA-accredited representative before filing anything to screen for any potential and perhaps very serious problems.

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.


Assuming the petitioner is a U.S. Citizen, then the petition falls under the immediate relative category, which means that the I-130 and I-485 may be filed at the same time. Now if the petitioner is a permanent resident, then only the I-130 could be filed at this point. The CIS website would give a processing time of about 4-6 months but we've recently seen processing times of around 3 months on average for immediate relative marriage petitions and adjustment of status applications. Hope this helps.

JP Sarmiento
Sarmiento Immigration Law Firm


The process can take an average of six months. If your spouse is a US citizen the papers can be filed at the same time.

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.


Usually if the case has delays or flaws it may take up to six months, if a befeniciary has a U. S. Citizen spouse you may opt for a One Stop procedure filing both I-130 and I-485 along with requisite documents concurrently.

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