It sure does matter. If everything is properly done, the I-130 will be approved in 5-6 months and case will go to the National Visa Center for consular processing. From there again if everything done properly another few months until her interview. It is best to work with an attorney to make sure things are done correctly.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
Barring any obstacles in total until her interview at the embassy in Dhaka usually 1 year. 6 months for I-130; 2-3 NVC; Then await appointment for interview in Dhaka. Hire counsel to help you.
The entire process takes about one year. Whether you are a native-born or a naturalized citizen does not affect the timing.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
The visa petition must first be approved at USCIS. If documentation to help prove your marriage is missing, then the USCIS may issue a request for evidence. This can delay the matter, but by how much time is unclear.
Once the visa petition is approved, you must be careful to watch for an e-mail from the National Visa Center. This e-mail will provide instructions on how to pay and file your consular processing documents. At times, applicants may have trouble proving that their spouses are eligible and have all documents needed to process their I-130 visa. As a result, it may take a bit longer than a year.
If you have any questions or concerns at any time during the process, then I recommend that you schedule any appointment with a competent and experienced immigration attorney. At times, the USCIS makes oversights and the processing of an immdiately relative visa may not be so immediate. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.