I-130 for husband of US Citizen

[brendavera 2]

Hello everyone:

Im new to this forum, and I have a couple of questions. I'm a US Citizen and I filed form I-130 for my husband who is currently is his home country. I filed a month ago exactly, my priority date is January 19, 2012. How long will it take for California Service Center to approve my petition? How long is this process from start to finish? my lawyer said it takes 8 months or less since he's my immediate relative. is that true?

My husband has been in the US illegally before and stayed here for 6 years, He voluntarily went back to his Country, will this make our process faster? since he's already in Mexico? please help me with my questions, I really appreciate it everyone have a great four day weekend!

[meno-is-mine 37]

Hi there... the first step at CSC takes a reported average of 5 months, although CSC has been backed up lately and the 5 months seem to have been extended to 6.5-7 months... once approved at CSC, your case will be sent to NVC... see the guides at the top of the VJ pages for all the info you need... NVS can take 1-3 months... then your case gets sent to the embassy in the beneficiary's country (or to US embassy in Mexico in your case)... the whole process can take anywhere from 7-12 months in general... may be longer or shorter than that depending on your specific case... hope that helps...

I can't really comment on the other stuff.

[Little_My 464]

If he overstayed as an adult (so at least 180 days of the 6 years he was here out of status accumulated after his 18 birthday), he is subject to a ban - either of 3 years or 10 years, and based on the length of his overstay, most likely 10 years. You will need a waiver to overcome the ban before your husband is eligible for a greencard.

[brendavera 2]

Thank you so much for the quick reply.

my husband came to the US when he was 16 and left the US at 22 years of age. does this mean he'll have to wait 10 years to be able to get a visa?

I'm confused, and I really don't want to wait 10 years to be together.

[Little_My 464]

Because he overstayed for more than 365 days, and then left the US, he now has a 10 year ban in effect. There's a waiver you can file to get the ban lifted. To obtain the waiver you will have to prove that you, the US citizen, will suffer ‘extreme hardship’ if your spouse is not allowed to return to the US.

I am not familiar with the waiver process or the chances of getting it approved, but there's a lot of information and experiences available on the VJ waiver forum: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[sulhaq 60]

I was recently approved by CSC (last month). I am a US Citizen and petitioned I-130 for my wife. It took 195 days (about 6.5 months) for CSC to approve my application. This is without any RFE. Like already pointed out above, CSC is backed up. Expect it to take anywhere from 5 to 7 months. Hope this helps.

[pushbrk 13,108]

Hello everyone:

Im new to this forum, and I have a couple of questions. I'm a US Citizen and I filed form I-130 for my husband who is currently is his home country. I filed a month ago exactly, my priority date is January 19, 2012. How long will it take for California Service Center to approve my petition? How long is this process from start to finish? my lawyer said it takes 8 months or less since he's my immediate relative. is that true?

My husband has been in the US illegally before and stayed here for 6 years, He voluntarily went back to his Country, will this make our process faster? since he's already in Mexico? please help me with my questions, I really appreciate it everyone have a great four day weekend!

Eight months is a good approximate expectation from filing to visa denial. Then, it's anybody's guess how long to process your I-601 waiver. Your attorney DID tell you the visa would be denied and a waiver would need to be filed, right?

[Rachie07 4]

It's a good thing you have an attorney. I would agree with others, it is usually 8-12 months from filing to interview. Your lawyer will advise you on the best course of action. You may need to file the waiver as others have suggested to you. I would say, although I am in no way a legal professional in this area, you will need a waiver.

[cherylc522 0]

i curious, is it automatically a ban? was he asked to leave and he went voluntarily or did they not even know he was illegal and he just left? Im just curious how the process works if anyone knows, do they really already know just by looking him up that he was here too long if there isn't any documentation?

[And_Sam 44]

i curious, is it automatically a ban? was he asked to leave and he went voluntarily or did they not even know he was illegal and he just left? Im just curious how the process works if anyone knows, do they really already know just by looking him up that he was here too long if there isn't any documentation?

This was my question too. When you say he was here illiegally, was he caught then voluntarily left? Or he was here for 6 years and left without being noticed by the authorities. I think that would have alot to do with what to expect. If he was in the US and left without being noticed, they wouldn't have any evidence of him being in the US. Correct? Unless they have proof that he was here how could they give a 10 year ban?

[canadian_wife 1,829]

They always know. To pretend he did not live in the US for 6 years is foolish and irresponsible.

OP - you'll have to disclose it, obviously - and I assume you already did on the G325A where it asked for past residences right?

The ban is automatically triggered by an illegal entry and a stay in the US of over 180 days after the age of 18. It is clear he has a ban

Good luck

[brendavera 2]

My husband wasn't asked to leave country nor was he deported. He went back home voluntarily. When I petition for him we had to list where he live the past years, My lawyer said is better to be honest and say that he has been in the US before because USCIS would find out anyway and it will be worse if we lied to them.

I'm very dependent of him, Im a college student and work part time making minimun wage, I can hardly support myself. My lawyer said that since I'm in extreme hardship, the USCIS will approve my husband's waiver sooner. Is that true?

And yes my lawyer did tell me that he is going to have to apply for a waiver

[jaycali 415]

Hello everyone: Im new to this forum, and I have a couple of questions. I'm a US Citizen and I filed form I-130 for my husband who is currently is his home country. I filed a month ago exactly, my priority date is January 19, 2012. How long will it take for California Service Center to approve my petition? How long is this process from start to finish? my lawyer said it takes 8 months or less since he's my immediate relative. is that true? My husband has been in the US illegally before and stayed here for 6 years, He voluntarily went back to his Country, will this make our process faster? since he's already in Mexico? please help me with my questions, I really appreciate it everyone have a great four day weekend!

Your petition will most likely be approved. I don't know how backed up the CSC still is.. I know people who filed in July and August are just now getting their approvals, and it seemed they just got even more backlogged in October and November.. They haven't updated since November, so it's anyone's guess if they're still as backlogged, or if they've managed to speed up. Regardless, expect 3 - 7 months. 3 - 4 months would be exceptional, if they've managed to speed up, 5 months would be average, and 6 - 7 should be expected if their backlog is still as big.

Then your case will go to the NVC.. This usually takes 1 - 2 months, closer to 1 month if you're well prepared.

Then your case is transferred to the nearest consulate to his residence in Mexico, and an interview date will be set.. This can be anything from 3 weeks to 3 months from NVC, depending on the consulate.

Ate the interview, his visa will be denied. This is because he stayed illegally in the US for more than 180 days after he turned 18. So, you'll have to talk to your lawyer about a 601 waiver and how you might qualify for that waiver based on "extreme hardship" to you.

[jaycali 415]

i curious, is it automatically a ban? was he asked to leave and he went voluntarily or did they not even know he was illegal and he just left? Im just curious how the process works if anyone knows, do they really already know just by looking him up that he was here too long if there isn't any documentation?

This was my question too. When you say he was here illiegally, was he caught then voluntarily left? Or he was here for 6 years and left without being noticed by the authorities. I think that would have alot to do with what to expect. If he was in the US and left without being noticed, they wouldn't have any evidence of him being in the US. Correct? Unless they have proof that he was here how could they give a 10 year ban?

They don't need to prove anything, the burden of proof is on him. Plus, when filling out the DS-230 it asks if he has been in the US illegally for more than 180 days. He has to answer 'yes' on that, otherwise, him and his wife will need to relocate to Mexico for life. They know these things.

[brendavera 2]

Your petition will most likely be approved. I don't know how backed up the CSC still is.. I know people who filed in July and August are just now getting their approvals, and it seemed they just got even more backlogged in October and November.. They haven't updated since November, so it's anyone's guess if they're still as backlogged, or if they've managed to speed up. Regardless, expect 3 - 7 months. 3 - 4 months would be exceptional, if they've managed to speed up, 5 months would be average, and 6 - 7 should be expected if their backlog is still as big.

Then your case will go to the NVC.. This usually takes 1 - 2 months, closer to 1 month if you're well prepared.

Then your case is transferred to the nearest consulate to his residence in Mexico, and an interview date will be set.. This can be anything from 3 weeks to 3 months from NVC, depending on the consulate.

Ate the interview, his visa will be denied. This is because he stayed illegally in the US for more than 180 days after he turned 18. So, you'll have to talk to your lawyer about a 601 waiver and how you might qualify for that waiver based on "extreme hardship" to you.

thank you so much for the info you gave me hopes.

do you know how long it usually takes to get a waiver approved?