Spousal visa - how long will it take?

[pinkpaws 5]

I am currently in the US on a B1/B2 visa. I've been here for a little over 4 months (the initial plan was to stay for only a month before heading back home). We found out that we are pregnant and expecting a baby in April 2016, so have decided to take the next step and get married (yes, on a tourist visa) but as I have obligations back home I need to personally attend to, I will fly back to Asia while my husband files for a CR-1 visa. My question is how long did it take for your spousal visas to be approved? As I only have about 5-6 months before I deliver, it doesn't give me a lot of time to "get approved" and come back to the US to deliver (I don't mind delivering back home). What happens after the baby is born though while the visa process is still pending? Would I need to submit another application?

Any input greatly appreciated!

[Amhara 460]

If the petitions are still being forwarded to CSC, you might have a chance to move forward with the K-3. I would suggest to at least try. CSC still seems to be moving pretty fast and if your I-129F gets to the NVC > Consulate faster than the I-130, you might be able to be reunited sooner. It seems like spousal visas are being held up at the NVC more than anything.

[cyclone27 710]

Expect about a year wait regardless of the pregnancy.

[mallafri76 1,012]

We're on month 14 of our visa case, due to being stuck at NVC for a long time. If you have no hickups, the CR-1 should take about one year, give or take a couple of months.

Congratulations on the little addition to your family.

[Penguin_ie 5,992]

It takes about a year, so it is extremely unlikely you get approved in time to fly back.

If baby is born abroad, you can do CRBA to get it a US passport, so it won;t need a visa.

[SoerenHelmer 50]

If the petitions are still being forwarded to CSC, you might have a chance to move forward with the K-3. I would suggest to at least try. CSC still seems to be moving pretty fast and if your I-129F gets to the NVC > Consulate faster than the I-130, you might be able to be reunited sooner. It seems like spousal visas are being held up at the NVC more than anything.

Hi

The K3 is not fast.

I got my I-130 aprroved 5 days after they got my I-129F.

Just for info.

And that was at CSC

[Ryan H 3,810]

If the petitions are still being forwarded to CSC, you might have a chance to move forward with the K-3. I would suggest to at least try. CSC still seems to be moving pretty fast and if your I-129F gets to the NVC > Consulate faster than the I-130, you might be able to be reunited sooner. It seems like spousal visas are being held up at the NVC more than anything.

The two petitions are joined together by USCIS and decision usually comes on both at the same time. The bundled petitions are then sent to the NVC where the I-129F will be administratively closed.

[JusticeWarrior67 3]

the CR-1 visa process takes a while (way over 6 months). The normal time-frame for the I-130 petition to be approved is around 5 months alone (considering there was no RFE and everything went smoothly), then your case will be transferred to the NVC (what may take another 4-5 months) and then the final interview at the embassy. So all together, we're looking at around 10 months, if everything goes smoothly.

So i think, while you are still here in the states and still haven't been married yet, you should stay and get married here instead of getting married back home, and proceed with the Adjustment of Status. It takes much less time and most importantly, you will be able to spend time with your future husband as you wait for your green-card interview at the USCIS.

All best.

[pinkpaws 5]

Thanks so much, everyone. Really helpful. While AOS seems to be the easiest and most convenient way right now, I have to be back home to attend to some business which requires me to be physically present. So we have decided that the CR-1 is the way to go (my husband will be flying to us and/or if it takes way too long, I'll take the chance and come visit him in the US on my existing B1/B2 visa).

One question though: I have a daughter from a previous marriage. When filing for the spousal visa, should my husband file for the both my daughter and I on the same form, or should it be filed individually on separate I-130 forms?

Thanks again for all your help!

[aaron2020 11,651]

Thanks so much, everyone. Really helpful. While AOS seems to be the easiest and most convenient way right now, I have to be back home to attend to some business which requires me to be physically present. So we have decided that the CR-1 is the way to go (my husband will be flying to us and/or if it takes way too long, I'll take the chance and come visit him in the US on my existing B1/B2 visa).

One question though: I have a daughter from a previous marriage. When filing for the spousal visa, should my husband file for the both my daughter and I on the same form, or should it be filed individually on separate I-130 forms?

Thanks again for all your help!

You and your daughter would need separate I-130s. When a USC petitions for a spouse, only the spouse is eligible for a visa. The USC must petition separately for a stepchild.

You will also need the father's written permission allowing the child to immigrate.

[Ryan H 3,810]

One question though: I have a daughter from a previous marriage. When filing for the spousal visa, should my husband file for the both my daughter and I on the same form, or should it be filed individually on separate I-130 forms?

Thanks again for all your help!

In order for your husband to petition your daughter, your marriage will have had to occurred prior to her 18th birthday. If that is the case, then two I-130 forms (along with two fees) will be required.

[aaron2020 11,651]

I am currently in the US on a B1/B2 visa. I've been here for a little over 4 months (the initial plan was to stay for only a month before heading back home). We found out that we are pregnant and expecting a baby in April 2016, so have decided to take the next step and get married (yes, on a tourist visa) but as I have obligations back home I need to personally attend to, I will fly back to Asia while my husband files for a CR-1 visa. My question is how long did it take for your spousal visas to be approved? As I only have about 5-6 months before I deliver, it doesn't give me a lot of time to "get approved" and come back to the US to deliver (I don't mind delivering back home). What happens after the baby is born though while the visa process is still pending? Would I need to submit another application?

Any input greatly appreciated!

When are you heading home?

Since you are married, have you considered filing for AOS and seeking Emergency AP?

Edited November 7, 2015 by aaron2020

[pinkpaws 5]

Thanks again, Ryan H and aaron2020.

Yes my daughter is under 18. So I guess my husband will petition for us separately (will it be treated as one case though?)

aaron2020, I have to be home by the end of the month (Nov). I wish we could just do the AOS thing, but I am not confident that I would be granted an AP before then, especially since I've read that you have to have a very good reason (like a medical emergency) to want/have to leave the US while your AOS is pending

[aaron2020 11,651]

Thanks again, Ryan H and aaron2020.

Yes my daughter is under 18. So I guess my husband will petition for us separately (will it be treated as one case though?)

aaron2020, I have to be home by the end of the month (Nov). I wish we could just do the AOS thing, but I am not confident that I would be granted an AP before then, especially since I've read that you have to have a very good reason (like a medical emergency) to want/have to leave the US while your AOS is pending

You and your daughter would have separate cases. Your husband can send everything together. Don't expect to get approval letters at the same time. At the interview stage, you can request that your daughter and you be interviewed on the same day.