i-130 filing inside the country VS. outside

[TonyDanza 0]

I am wondering if I get married now while I am in the states, and then leave the country to file the i-130, if the time frame for it to be approved would be the same as if I had stayed in the US while filing it.

I also am wondering about the conflicting reports after the i-130 to when I will get a work permit. Many say 3 months, the other reports say 6-9. Thanks so much.

[Beantownbabe 1]

I bet the timeframe would be the same - I don't know for sure obviously but I would think so. Also, I've only ever heard of the work permit taking about three months or so. If I were you, I'd stay put and file concurrently - of course, that's just me though!

[Maad 0]

I bet the timeframe would be the same - I don't know for sure obviously but I would think so. Also, I've only ever heard of the work permit taking about three months or so. If I were you, I'd stay put and file concurrently - of course, that's just me though!

I concur that. I really do not thing the time frame is any different for I-130.

Work permit, according to USCIS should not take longer than 90 days. They even put a note in the instructions to I-765 to contact them if 90 days passed and one hasn't received the permit.

[cdn_in_wa 1]

I am wondering if I get married now while I am in the states, and then leave the country to file the i-130, if the time frame for it to be approved would be the same as if I had stayed in the US while filing it.

I also am wondering about the conflicting reports after the i-130 to when I will get a work permit. Many say 3 months, the other reports say 6-9. Thanks so much.

Not sure about the timeframe, but check the timelines and you may be able to figure it out. It does depend on your location while in the US (local office) or the US Embassy/Consulate in your home country and times vary wildly.

I think where you are seeing differences might be in the process. When you file from the US to adjust status, you concurrently file I-130 and I-485. These cases are adjudicated concurrently.

From outside the US, I believe you file the I-130 and wait for approval and then your file is forwarded to the appropriate Embassy/Consulate. (Not sure because I filed concurrently I-130 and I-485) You should check the guides and forums for more information on the K1, K3, and CR-1/IR-1 processes.

Depending on your situation, you may want to get married and stay in the country until your process completes. As long as you did not enter the US with the plan to get married, you should be okay. If you do this, DO NOT leave the US without advance parole documents in hand or your application will be considered abandoned and you will not be allowed reentry.