VISA Processing Times Between VISA Journey and USCIS do not Match

[Imani 105]

every 15th of the month, (or atleast they try update the system every 15th of the month) you would see where the office or service center was processing as of a particular date.  You would need to exercise maths inorder to give an estimate as to when they will get around to your P.D.  You can open a case inquiry after 6 months of not hearing anything.

[geowrian 22,338]

3 minutes ago, AbhiRash said:

Where is this information coming from which states K3 is no longer offered or severely limited?  

 

I can prepare myself for this outcome if it is true the first 130s are processed in a reasonable amount of time.

 

But the USCIS has this option still available in their website.  My understanding was it was "water under the bridge" if 129f for k3 did expedite visa it would allow the spouse to come to the US sooner while the visa petition was in process.  With additional expenses.

 

So just to confirm, given our situation, 130 is the only most likely route for US VISA?

 

K1 is out of the question since this applies to fiance status only.  

It's coming from knowledge of what's happening in the immigration world. As noted, it's still technically on the books so they can't say it's no longer available (or even discourage it). I suggest not taking my word or only the word of others here, and doing some searches on your own and verify it. I posted several sources above, but I encourage you to do your own research if those are insufficient.

 

I-130s are generally processed in 10-12 months. Sometimes it takes longer, but that's the typical timeframe.

 

Right. The I-129F will very, very, very likely eventually get closed, but the I-130 will remain open and you can proceed with the CR-1/IR-1 path once it is approved.

 

Right, K-1 is not available for somebody who is married.

[Imani 105]

11 minutes ago, geowrian said:

It's coming from knowledge of what's happening in the immigration world. As noted, it's still technically on the books so they can't say it's no longer available (or even discourage it). I suggest not taking my word or only the word of others here, and doing some searches on your own and verify it. I posted several sources above, but I encourage you to do your own research if those are insufficient.

 

I-130s are generally processed in 10-12 months. Sometimes it takes longer, but that's the typical timeframe.

 

Right. The I-129F will very, very, very likely eventually get closed, but the I-130 will remain open and you can proceed with the CR-1/IR-1 path once it is approved.

 

Right, K-1 is not available for somebody who is married.

People that are married can file I-129 (K3 visa), persons who file the i-130 and the i-129 will proceed with the CR-1/IR-1.  Had they just filed for the I-129 they will be adjudicated accordingly..

Edited February 27, 2017 by Nipperswife
to insert the specific visa for which a married person can file for the I-129

[geowrian 22,338]

3 minutes ago, Nipperswife said:

People that are married can file I-129, persons who file the i-130 and the i-129 will proceed with the CR-1/IR-1.  Had they just filed for the I-129 they will be adjudicated accordingly..

Well yes...anybody can file for anything.

[Boiler 46,311]

I think the thing with the K3 is that you need to marry in the Beneficiary's country, see a handful a year so difficult to remember.

 

Assume a year for the whole process.

[AbhiRash 1]

On Monday, February 27, 2017 at 10:42 PM, Boiler said:

I think the thing with the K3 is that you need to marry in the Beneficiary's country, see a handful a year so difficult to remember.

 

Assume a year for the whole process.

That's what I read also.  And my wife and I did marry in her Country of citizenship,  which in this case was India.  

 

But there was an additional statement which mentioned the 129f (k3) should be filed in her country.

 

Is this true?  This is not what I was told or researched online.  As soon as our I-130 was accpeted by USCIS I then filed the 129f (k3) also in the US like instructed and then also received an NOA1 for k3.  

 

Thanks

[AbhiRash 1]

Also, I've seen the average time delay for 130s on USCIS website from the past 3 years, including 2016.  

 

Average processing time stated 5 months.  I would assume add another month or two for NVC to finalize everything and contact US embassy for medical exam and interview.  

 

My understanding was 5-7 months which was originally qouted earlier in this thread but last few threads now say expect 12 months?  

 

That's a massive difference.

[Boiler 46,311]

Such a long time since people did these I do not remember, not sure how yoy file in her country so I say no.

 

12 months is a reasonable start to finish estimate.

Edited March 5, 2017 by Boiler

[Curio 2]

Hi abirash 

 

I was wondering if you have heard back yet?  I too applied back in January, but havnt heard back on my i130 yet.

Edited September 6, 2017 by Curio

[AbhiRash 1]

Hi Curio,

 

My wife has her interview next week.  Below is a timeline of events:

 

Jan01,2017 - Submitted I-130

Mid Feb,2017 - Received I-797 Notice of Action from USCIS, case being reviewed

May,2017 - I-130 approved and sent to NVC.  At this time I send additional financial documentation for proof of support

July,2017 - NVC approved my financial documentation and send info to US Embassy

Aug,2017 - US Embassy confirms VISA Interview for September 2017

 

I've researched 3 years of USCIS data, which you can easily find online, on average times for the phases above.  Most importantly you must consider your own status along with your country's VISA processing times.  

 

In my case, I live in the US as a US citizen.  Since I got married outside of the US, I-130 was our only option, Spousal VISA.  But since I'm a US citizen my request is prioritized faster than non-US Citizens.  But average VISA processing times for      I-130 Cases in the US have been ~8-10 months.

 

If you want your spouse with you faster the best way I recommend is to get engaged and file for I-129F and then get married in your country of origin.  This will knock off 3-4 months.  

 

If you have not received feedback then something is WRONG.  You should have received an I-797, Notice of Action, from USCIS that they are working on your case.  And you should have received updates from USCIS as your case progresses through the phases, via the contact information you provided, whether that be email or phone.

[Curio 2]

Hi again 

 

My husband and I are married, long story short I had to come back to Canada and we got an immigrations lawyer. He  filed the i130 and the visa concurrently to the Nebraska location in January and we received a notice indicating they received our case for i130 not long after.

 

We haven't heard much since except the lawyer saying "we are right on tack " but still no info other than that.

[irainp 4]

hi i totally believe with VJ timeline being posted. since we are waiting on CSC for april filer of K1 visa. but i have some online groupsmare whom filed their petitions way past the VJ was posting. but correct, still case to case basis. lets all pray for approval for everyone who are taking the road to forever. 

[AbhiRash 1]

Hi Everyone,

 

                Just an update, my wife received approval for VISA last Tuesday.  Total timeline for the entire process was 8.5 months.  

 

Curio,

 

                 I would ask your lawyer which phase are you in?  After receiving your I-797, Notice of Action, your case should have been moved to phase II.  Your case should have at least been approved and sent to NVC where they perform financial verification to prove your spouse will not be a public charge and will be financially supported.  

 

                 I don't buy your lawyer's response.  In my case, I did not hire a lawyer and did the entire process myself for my wife to have complete control over the VISA process.  

 

                  At a minimum you can call USCIS yourself (best time to call is first thing in the morning , barely no wait time) and ask them for your status with your case number.  At a minimum if paperwork was not filed correctly or additional paperwork was required USCIS would have notified you.

 

irainp,

 

                  VJ timeline is dependent upon actual pending VISA cases from petitioners.  It is not verified (honor system is at play here).  You can look up your VISA center's timeline for each phase online at USCIS.  They will tell you which cases they are processing based on the month of submission.

 

                   VJ timeline is not 100% accurate.  And remember everyone's cases can be faster/slower based on their individual background.  For example, if you have a criminal history this will slow down your process, if your spouse for whom you are petitioning for has a criminal history this will slow down your process. etc.......

 

Good luck to everyone.