Advice on filing an I130

[ozzac 10]

Dear Visajourney users, 

Thank you so much for your precious help always! 

 

I am looking for some advice with regard to requesting a IR1 visa. My wife (USC) and I (Italian) live in Switzerland and wanted to apply for an IR1 visa. We started working on the I130 but in the meantime the pandemic started and we thought to hold on as the economic situation in the US might not look good by the time our visa is granted. 

 

We discussed this with a lawyer who suggested to start the I130 process as it takes about 6 months to be approved and after that there is a one year period to send the request to the NVC.

 

What happens if we miss the one year period? If my understanding is correct, after the one year period, the I130 is sent to the NRC and we would need an i-824 to pull it out again. However, I-824 processing times seem to be quite long (8 months?) 

 

Is it worth going through the I-130 process now and potentially needing to file an I-824 or would it be better to start the whole process when we are sure and ready to move to the US? 

 

I know this might sound like a matter of personal choice, but this forum is always full of great advice and people with similar experiences, so I thought I would ask! 

Thank you in advance for your help!

 

 

 

 

 

 

 

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Edited April 13, 2020 by ozzac
I pushed a button by accident and posted before I finished writing.

[Greenbaum 12,259]

17 minutes ago, ozzac said:

Dear Visajourney users, 

Thank you so much for your precious help always! 

 

I am looking for some advice with regard to requesting a IR1 visa. My wife (USC) and I (Italian) live in Switzerland and wanted to apply for an IR1 visa. We started working on the I130 but in the meantime the pandemic started and we thought to hold on as the economic situation in the US might not look good by the time our visa is granted......

First you don't need a lawyer to do this process. You have come to the right place to get answers to your questions that you may have during this process. You also have guides that will walk you through every step of the way. So, let's get started with this link. 

 

https://www.visajourney.com/ir1-spouse-visa-overview/

 

Edited April 13, 2020 by Greenbaum

[Crazy Cat 42,512]

44 minutes ago, ozzac said:

Dear Visajourney users, 

Thank you so much for your precious help always! 

 

I am looking for some advice with regard to requesting a IR1 visa. My wife (USC) and I (Italian) live in Switzerland and wanted to apply for an IR1 visa. We started working on the I130 but in the meantime the pandemic started and we thought to hold on as the economic situation in the US might not look good by the time our visa is granted. 

 

We discussed this with a lawyer who suggested to start the I130 process as it takes about 6 months to be approved and after that there is a one year period to send the request to the NVC.

 

What happens if we miss the one year period? If my understanding is correct, after the one year period, the I130 is sent to the NRC and we would need an i-824 to pull it out again. However, I-824 processing times seem to be quite long (8 months?) 

 

Is it worth going through the I-130 process now and potentially needing to file an I-824 or would it be better to start the whole process when we are sure and ready to move to the US? 

 

I know this might sound like a matter of personal choice, but this forum is always full of great advice and people with similar experiences, so I thought I would ask! 

Thank you in advance for your help!

 

 

 

 

 

 

 

-

 

 

The average time from filing an IR-1/CR-1 to having the visa in hand is 496 days (16 months) per other VJ members.  I expect that average will increase due to the closure of U S consulates/backlog at NVC.  Once an I-130 is approved, it is "immediately" sent to NVC for processing.  You can delay the process there at NVC for about a year if you wish.  After the visa is issued, you would have approximately 5-6 months to travel....Personally, I see no benefit in waiting.....but, as you said, it is a personal choice.

Edited April 13, 2020 by Lucky Cat

[OrihimeandIchigo 217]

Since she's filling from outside the USA won't her petition most likely go to the Nebraska office which average processing times for I-130 are 12 months to 16 months? 

Edited April 13, 2020 by OrihimeandIchigo

[carpfan 37]

I'd suggest you file it now. The I-130 can take over a year to get approved, perhaps even longer given the COVID-19 situation. Impossible to tell what the economic situation will be in the US by the time you get visa in hand, but I wouldn't expect that to be anytime soon. Better to get the process rolling if you are seriously considering a move to the states. I regret not starting earlier myself.

[ozzac 10]

9 hours ago, OrihimeandIchigo said:

Since she's filling from outside the USA won't her petition most likely go to the Nebraska office which average processing times for I-130 are 12 months to 16 months? 

Thank you for your reply! How are the Service Centers assigned to requests? Is there a way to verify whether my request would actually go to Nebraska or another office? 

 

Thanks!

[carmel34 3,657]

9 hours ago, ozzac said:

Thank you for your reply! How are the Service Centers assigned to requests? Is there a way to verify whether my request would actually go to Nebraska or another office? 

 

Thanks!

There's no predictable pattern for assigning the I-130 to a specific service center, it seems to be random, USCIS tries to assign files to even out the workload, but you don't get to choose.  Plan for the worst, hope for the best, is a good way to think about it.  That way you might be surprised and not disappointed when it takes a very long time for the I-130 to be adjudicated.  The NVC stage is more predictable, in terms of weeks or months for that part of the process, after that it depends on how backed up your specific embassy or consulate is for the visa interview.  Good luck!

[NikLR 13,232]

About the year issue - you have to keep in contact with the NVC once a year to keep your case active.  You dont need to take action, just contact them. You could make this process last YEARS if you choose. It's easy to slow it down and you cant speed it up. 

[B&C2017 123]

21 hours ago, OrihimeandIchigo said:

Since she's filling from outside the USA won't her petition most likely go to the Nebraska office which average processing times for I-130 are 12 months to 16 months? 

IOE’s have been faster. It’s not really that long anymore. My guess looking at approvals of cases submitted after July 2019, is more 9 months in Nebraska. Also it seems like IOE cases can be accessed from different USCIS center. So landing in Nebraska doesn’t mean staying there anymore.

Edited April 14, 2020 by B&C2017

[OrihimeandIchigo 217]

1 hour ago, B&C2017 said:

IOE’s have been faster. It’s not really that long anymore. My guess looking at approvals of cases submitted after July 2019, is more 9 months in Nebraska. Also it seems like IOE cases can be accessed from different USCIS center. So landing in Nebraska doesn’t mean staying there anymore.

It says today on the USCIS case processing times for I-130 from Nebraska service center is 12.5 months to 16 months to process.

 

https://egov.uscis.gov/processing-times/

 

And its just seems like to me most I see filing from abroad go to Nebraska. But every case is different I know. 

[B&C2017 123]

1 hour ago, OrihimeandIchigo said:

It says today on the USCIS case processing times for I-130 from Nebraska service center is 12.5 months to 16 months to process.

 

https://egov.uscis.gov/processing-times/

 

And its just seems like to me most I see filing from abroad go to Nebraska. But every case is different I know. 

Yes, the petitions filed from abroad seemed to be sent to Nebraska (incl. ours, luckily we got transferred 🙏🏻). But with the implementation of the online filing, they seem to have also implemented a new process (only for IOE cases) - which makes total sense. Why have an electronic filing tool and process from specific locations? Makes no sense when looking at it from an efficiency standpoint.

 

Concerning the timeline link: Yes, this is true. But USCIS’s published dates are always 2-3 months behind. They’re not from “as of today”. Since tons of transfers have happened from Nebraska to all centers in February, the average time for cases (IOE cases) has dropped to roughly 230 days I believe. I calculated it but can’t remember. But it was 230 or 240 for caes submitted after July 2019 (IOE).

Edited April 14, 2020 by B&C2017

[ozzac 10]

Thank you everyone for your kind help, all your comments were really helpful!