Whats the legal I-130 wait time/time frame?

[A and T 82]

What is the Legal I-130 wait time? I have read online after 120 days, that some people have filed lawsuits to get a response , is this the same for the I-130 process? What are the escalation procedures?

Is it better to press them about it?

I submitted my I-130 on July 24th 2009, it was last touched 8/5/2009

[zenaxe 22]

What is the Legal I-130 wait time? I have read online after 120 days, that some people have filed lawsuits to get a response , is this the same for the I-130 process? What are the escalation procedures?

Is it better to press them about it?

I submitted my I-130 on July 24th 2009, it was last touched 8/5/2009

There is no legislation that covers how long this should take. The website shows 5 months to process but most people get it approved in less time; others that or more time. But there is no 'legal' timeframe as there are no laws governing the timeline as far as I know.

[road417king 7]

What is the Legal I-130 wait time? I have read online after 120 days, that some people have filed lawsuits to get a response , is this the same for the I-130 process? What are the escalation procedures?

Is it better to press them about it?

I submitted my I-130 on July 24th 2009, it was last touched 8/5/2009

By any chance, did you read the NOA? Specifically the "If this case is an I-130 Petition" section?

"Filing and approval of a Form I-130, Petition for Alien Relative, is only the first step in helping a relative immigrate to the United States. The beneficiaries of a petition must wait until a visa number is available before they can take the next step to apply for an immigrant visa or adjustment of status to lawful permanent resident. To best allocate resources, USCIS may wait to process forms I-130 until closer to the time when a visa number will become available, which may take years after the petition is filed. Nevertheless, USCIS processes forms i-130 in a time not to delay relatives ability to take the next step toward permanent residence once a visa number does become available."

Basically that's their get out of jail free card, so I wouldn't waste money trying to sue them, instead, a phone call might be in order (phone number is on the NOA that your recieved).

On the reverse side, "Inquires" reads "You should contact the office listed on the reverse side of this notice if you have questions about the notice, or questions about the status of your application or petition. We recommend you call. However, if you write us, please enclose a copy of this notice with your letter."

Again, a phone call might be in order. Just a thought.

Mike

[zenaxe 22]

By any chance, did you read the NOA? Specifically the "If this case is an I-130 Petition" section?

"Filing and approval of a Form I-130, Petition for Alien Relative, is only the first step in helping a relative immigrate to the United States. The beneficiaries of a petition must wait until a visa number is available before they can take the next step to apply for an immigrant visa or adjustment of status to lawful permanent resident. To best allocate resources, USCIS may wait to process forms I-130 until closer to the time when a visa number will become available, which may take years after the petition is filed. Nevertheless, USCIS processes forms i-130 in a time not to delay relatives ability to take the next step toward permanent residence once a visa number does become available."

Basically that's their get out of jail free card, so I wouldn't waste money trying to sue them, instead, a phone call might be in order (phone number is on the NOA that your recieved).

On the reverse side, "Inquires" reads "You should contact the office listed on the reverse side of this notice if you have questions about the notice, or questions about the status of your application or petition. We recommend you call. However, if you write us, please enclose a copy of this notice with your letter."

Again, a phone call might be in order. Just a thought.

Mike

Keep in mind that spouses' petitions aren't subject to waiting for the visa numbers - those are exempt.

[road417king 7]

Keep in mind that spouses' petitions aren't subject to waiting for the visa numbers - those are exempt.

I wasn't aware of that exemption, but you should remember that this is a branch of the government and they excel at finding exceptions to the rules that they create.

Mike

[sachinky 465]

Did you file as an LPR?

Did you upgrade your petition as a USC?

[A and T 82]

Did you file as an LPR?

Did you upgrade your petition as a USC?

I dont know what those terms mean,

I flew to the philippines, married my wife there. Came back to the usa , hired a lawyer, who submitted documents I got a NOA1 on the I-130 , I received a request for biometrics, which I completed, and thats it so far

Offical date stamp on the NOA1 is July 2009

[sachinky 465]

LPR--Lawful Permanent Resident aka Green Card holder.

USC--U.S. Citizen

Why would YOU, the petitioner, have biometrics if you're filing for a CR-1?

Only USC spouses' petitions aren't subject to waiting for the visa numbers - those are exempt. LPRs are subject to it.

Edited January 25, 2010 by sachinky

[Penguin_ie 5,994]

So you are a US citizen? Were you born here or recently got citizenship? Sometimes, the US citizen needs to go for an interview before the I-130is approved, but that is rare, and I have never heard of a USC needing to do biometrics. What did your lawyer say about it, and how long do they predict it'll take?

[A and T 82]

So you are a US citizen? Were you born here or recently got citizenship? Sometimes, the US citizen needs to go for an interview before the I-130is approved, but that is rare, and I have never heard of a USC needing to do biometrics. What did your lawyer say about it, and how long do they predict it'll take?

No time frame was given, and yes I the petitioner a US citizen (born and raiseed) had to do biometrics

[sachinky 465]

Bizarre. Never heard of such a thing.