Filing I 130 had K1 Visa previously

[AnaMarieW 8]

Hello! I have a question about the processing time for the I 130 visa. My husband and I did the K1 Visa back in 2015 and were married in 2016. We left to his home country in 2017 and overstayed and now have to do the I 130. Does it matter that he has a green card? (Obviously it’s expired now) I read on a website for spouses it could take 3-5 months and in others 5-12. He is applying from Sweden and I am mailing it in for him since I live in North Carolina. 

 

Thank you! 

[Roel 7,192]

Is his green card expired already? He - might - have a chance at the returning resident visa - SB1.

 

If not ,then spouse visa takes anywhere from 12 to 14 months.

[jan22 3,056]

SB-1 is only issued when it is clear that the person stayed outside the US for a reason that was beyond their control (for example, in an accident and medically unable to travel).  There is nothing in the original post to even suggest that might have been the case.

 

I am assuming that you did not file for Removal of Conditions on the conditional green card, given the time line you indicated.  If so, there is little hope for that card ever being acceptable now, especially when added to the length of time outside the US, so -- as you indicated -- you start from scratch and file the I-130.  Current processing times are 12-14 months, as Roel said.  His having had a green card will not shorten that time period, sorry.

[Paul & Mallory 1,398]

Since you said the green card is [likely] expired, I would say it will have no effect or play a factor in your process. Just move forward with the I130.

 

Good luck!

[AnaMarieW 8]

His green card expires on December 3rd. He had his interview today about the SB- 1 and when provided a ton of evidence of how our stay was protracted but they denied him. So our only option is the I 130. 

[pushbrk 12,883]

5 hours ago, AnaMarieW said:

His green card expires on December 3rd. He had his interview today about the SB- 1 and when provided a ton of evidence of how our stay was protracted but they denied him. So our only option is the I 130. 

Correct.  Think it terms of 7 to 10 months to get the petition approved and another 4 to 6 until the visa interview.