Can spouse move to US prior to I-130 approval?

[CG3 17]

My husband and I married in March 2020 and filed the I-130 petition back in October 2020. However, we have yet to see any movement on the case and we do not want to have to wait any longer to live together.

 

Is it possible for him to move to the US prior to the I-130 approval, or is there a separate application we can fill out in order for him to move here faster?

 

Thank you!

[payxibka 10,045]

1 minute ago, CG3 said:

My husband and I married in March 2020 and filed the I-130 petition back in October 2020. However, we have yet to see any movement on the case and we do not want to have to wait any longer to live together.

 

Is it possible for him to move to the US prior to the I-130 approval, or is there a separate application we can fill out in order for him to move here faster?

 

Thank you!

No

[aaron2020 11,651]

Unfortunately, no.

It takes 12-24 months to go through the entire process for an immigration visa.  It can take USCIS more than 6 months to approve the I-130 before sending it to the NVC.  Some people wait for up to a year for USCIS to approve the I-130.  You filed 6 months ago, so you need to be patience. 

Edited April 23, 2021 by aaron2020

[Waitingfor10 41]

48 minutes ago, CG3 said:

My husband and I married in March 2020 and filed the I-130 petition back in October 2020. However, we have yet to see any movement on the case and we do not want to have to wait any longer to live together.

 

Is it possible for him to move to the US prior to the I-130 approval, or is there a separate application we can fill out in order for him to move here faster?

 

Thank you!

Take a look at, I'm patiently waiting and will not be doing this, but it's interesting to see others doing this. I'm sure you can find more information on this in the forum. I'm not in any way saying to do this, just for you to inform yourself. Also take a look at https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

Edited April 23, 2021 by evie80

[payxibka 10,045]

9 minutes ago, evie80 said:

Take a look at, I'm patiently waiting and will not be doing this, but it's interesting to see others doing this. I'm sure you can find more information on this in the forum. I'm not in any way saying to do this, just for you to inform yourself. Also take a look at https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

....

Edited April 23, 2021 by payxibka

[HKS 169]

5 minutes ago, evie80 said:

Take a look at, I'm patiently waiting and will not be doing this, but it's interesting to see others doing this. I'm sure you can find more information on this in the forum. I'm not in any way saying to do this, just for you to inform yourself. Also take a look at https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

I tried this, didnt work, but all the sudden my case moved from USCIS to NVC. Would it have moved anyway? Who knows. There is a thread somewhere on VJ that talks about a theory that by filing this it makes the ppl at USCIS take ur file off the shelf and look at it, then rather make the long trek down the hall to put it back on shelf they put it onto NVC metaphorically  speaking. 

[Waitingfor10 41]

20 minutes ago, HKS said:

I tried this, didnt work, but all the sudden my case moved from USCIS to NVC. Would it have moved anyway? Who knows. There is a thread somewhere on VJ that talks about a theory that by filing this it makes the ppl at USCIS take ur file off the shelf and look at it, then rather make the long trek down the hall to put it back on shelf they put it onto NVC metaphorically  speaking. 

Who knows right? But glad it moved to NVC for you!

 

Someone else said it doesn't hurt to file the K3.

[HKS 169]

Just now, evie80 said:

Who knows right? But glad it moved to NVC for you!

 

Someone else said it doesn't hurt to file the K3.

I know of someone that got stuck at USCIS, had to file a writ of mandamus that moved it to NVC. Got stuck at NVC, filed another writ of mandamus moved it to Embassy. And now filed another writ of mandamus cause is currently stuck at Embassy. 
The immigration system is broken. 

[CG3 17]

Wow, thank you all so much for the replies! I will check out the K3 thread. According to the USCIS website, they are already on 09/25 cases so I'm hoping mine goes sooner. I am shocked that other cases have gone through so quickly in comparison.

 

Does it make a difference if one was filed electronically vs via paper? I filed our I-130 on their website and received the NOA in the mail, so I hoped it would be the same amount of time regardless.

[payxibka 10,045]

9 minutes ago, CG3 said:

Wow, thank you all so much for the replies! I will check out the K3 thread. According to the USCIS website, they are already on 09/25 cases so I'm hoping mine goes sooner. I am shocked that other cases have gone through so quickly in comparison.

 

Does it make a difference if one was filed electronically vs via paper? I filed our I-130 on their website and received the NOA in the mail, so I hoped it would be the same amount of time regardless.

Biggest factor is the assigned service center 

[aaron2020 11,651]

7 minutes ago, CG3 said:

Wow, thank you all so much for the replies! I will check out the K3 thread. According to the USCIS website, they are already on 09/25 cases so I'm hoping mine goes sooner. I am shocked that other cases have gone through so quickly in comparison.

 

Does it make a difference if one was filed electronically vs via paper? I filed our I-130 on their website and received the NOA in the mail, so I hoped it would be the same amount of time regardless.

It's not a single line that everyone gets into.  It's not first in, first out.

Think of a busy checkout at the grocery store.  Lots of lines of people waiting to checkout.  Some lines moves faster than others. 

There's no evidence whether filing online or by paper makes a difference.  

6 months is not outside normal waiting time to get USCIS to approve the I-130.

Filing the K-3 can't hurt and there's only anecdotal reports that it helps.  There's no evidence that filing the K-3 results in faster processing of the I-130.  Again, doesn't hurt to file the K-3.

Making inquiry why your case isn't moving doesn't hurt.  At worst, you get a we can't tell you anything, you have to wait.  So no harm in trying.

Best of luck to you.

[pushbrk 12,898]

Whether filing the I-129F for spouse will pull the I-130 out of queue and get it approved earlier had been reported about numerous times.  SOMETIMES, it seems to work.  Other times it doesn't, BUT it does not hurt to do it.  Six months in really is too late to expect anything to come of filing it though.

[Nitas_man 3,100]

17 hours ago, evie80 said:

Take a look at, I'm patiently waiting and will not be doing this, but it's interesting to see others doing this. I'm sure you can find more information on this in the forum. I'm not in any way saying to do this, just for you to inform yourself. Also take a look at https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

 

I have been suggesting this since the processing times between K and CR/IR visas spread out.  They were running even for several years and K3 sort of died out.  It is still a law, it is still a valid path, it still works, and IF unity is the only concern I recommend it when the difference between I-130 and I129F timelines are greater than three months.  They are. 

 

In the past (when we first filed) it was like this - K (I129F) applications took about 6-8 months and immigrant (I130) applications took 9-12+ months.

So we did K3.  Advantage and ONLY advantage:  family unity, which is its purpose

 

Disadvantages: 

It costs more because AOS gets tacked on.

Immigrant cannot work until EAD is approved and that is applied for when AOS is applied for after entry.

 

The visa is a 1-yr and immigrant can enter/exit (travel) on that visa, it isn’t like a K1 single entry where the immigrant is stuck waiting for a travel document.  Validity is 1 year after entry.

 

It’s either filed together or filed after the I130 receipt notice is received but having one in the pile slots you into the special case of USC family unity which Congress forced on USCIS when they were taking years to process I130’s.  

 
It is free to file.  They get their money back at AOS lol

Edited April 24, 2021 by Nitas_man

[JeanneAdil 6,511]

Your case will eventually go to NVC but you need to be aware that it will rests there until the embassy in Peru is ready to interview 

To prepare:    get the 2020 IRS transcripts for supporting the I 864 

                        read the guides above to know the complete procedure

                        read the embassy reviews 

                        and posts from others going thru the LIma embassy

 

and this is the last covid post (February 2021) from Lima embassy so there are many ahead of you waiting as you wait

 

On February 19, 2021, the Government of Peru extended the COVID-19 health emergency for an additional 180 days, from March 7 to September 2, 2021.

Due to the health emergency and for the safety of the public and our employees, the U.S. Embassy may reschedule your non-emergency nonimmigrant visa appointment.  Applicants whose appointments are rescheduled will receive an automatic email from the U.S. Visa Appointment Service confirming the new day and time.