Spousal visa USCIS processing time

[GarLeb 11]

Hello,

 

I posted here before regarding switching from K-1 to CR-1. My fiancé and I have seriously considered switching at this point and going the Utah County Zoom marriage route (we found out that as a former Filipino, he will be able to come back here in the Philippines thru the Balikbayan program). But being the super cautious and risk-averse persons that we are, we decided to consult an attorney re: switching, and here's what the attorney said: "I don’t think it is any faster to switch to a spousal visa because you will need to file a new I-130 petition and that is currently taking CIS 12-18 months to process. We just need to wait for the embassy to process your case."

 

I checked the USCIS website, specifically at the California Service Center, and under U.S. citizens applying for spouses, it says processing time is "26.5 to 34.5 months." I know this is just an "estimate," but can anyone explain the huge discrepancy in this estimate and the actual time it takes to process cases? Because I've seen several cases here that were getting approved in USCIS in 1-3 months (not expedited). Am I correct that USCIS processes cases by case number and not by country? Is there a way to know what case numbers/dates they are processing currently? This just jolted me a little bit because we were already planning to get married but got scared of the long waiting time at USCIS. 

 

Thanks in advance for all your input. 

 

[SalishSea 17,736]

11 minutes ago, GarLeb said:

Hello,

 

I posted here before regarding switching from K-1 to CR-1. My fiancé and I have seriously considered switching at this point and going the Utah County Zoom marriage route (we found out that as a former Filipino, he will be able to come back here in the Philippines thru the Balikbayan program). But being the super cautious and risk-averse persons that we are, we decided to consult an attorney re: switching, and here's what the attorney said: "I don’t think it is any faster to switch to a spousal visa because you will need to file a new I-130 petition and that is currently taking CIS 12-18 months to process. We just need to wait for the embassy to process your case."

 

I checked the USCIS website, specifically at the California Service Center, and under U.S. citizens applying for spouses, it says processing time is "26.5 to 34.5 months." I know this is just an "estimate," but can anyone explain the huge discrepancy in this estimate and the actual time it takes to process cases? Because I've seen several cases here that were getting approved in USCIS in 1-3 months (not expedited). Am I correct that USCIS processes cases by case number and not by country? Is there a way to know what case numbers/dates they are processing currently? This just jolted me a little bit because we were already planning to get married but got scared of the long waiting time at USCIS. 

 

Thanks in advance for all your input. 

 

All wait times are now long, and as far as we can discern from years of data here on VJ, there is no difference in approvals times by country.   Any non-expedited petition approval taking a few months is an outlier, and I wouldn't rely on that happening for you.

 

You also cannot expect to have any future petition sent to a particular service center.  It is luck of the draw.

 

Expect either process (K-1/CR-1) to take up to two years.  If waiting that long is not an option, the USC petitioner can consider moving to beneficiary's country.

 

 

[Chancy 6,241]

2 hours ago, GarLeb said:

Am I correct that USCIS processes cases by case number and not by country?

 

Not really by case number.  Definitely not by country.  Actually, the I-130 processing time at USCIS is mostly down to your luck.  The only part in your control is how well the I-130 package is put together and how soon it is filed.

 

IMO, it would not be wise to base this life-changing decision on something that depends mostly on luck.  Instead, I suggest you re-examine your priorities -- ie. is time-to-visa really the most important factor for you, despite the major disadvantages of the K1 post-entry?  If so, then yes, maybe you should just wait your turn at the K1 line at USEM.

 

Also note, based on my own experience and on reports of others here on the PH sub-forum, the average wait time from NVC DQ to interview letter for CR1/IR1 at USEM nowadays is around 3 weeks.  Consider that versus the 1+ year wait time from NOA2 to K1 interview slot at USEM.

 

[John & Rose 7,239]

On 11/17/2021 at 12:22 PM, Chancy said:

IMO, it would not be wise to base this life-changing decision on something that depends mostly on luck.  Instead, I suggest you re-examine your priorities -- ie. is time-to-visa really the most important factor for you, despite the major disadvantages of the K1 post-entry?  If so, then yes, maybe you should just wait your turn at the K1 line at USEM.

^^^THIS^^^

@GarLeb, Dont miss the forest from the trees.  Too many believe the goal is just being together.  That may or may not be doing a disservice to both of you.  Take a step back and look at what YOU really believe is your priority.  WE can't answer that for you and there is no wrong answer.  If the year of no work and not being able to return from an international trip are not a concern, stick with the already filed K-1.  There is nothing wrong with that.If your goal is to be settled quicker with the beneficiary able to work and travel internationally, the timelines really dont matter.  Spousal will always beat K-1 to the green card.  This is really a decision the two of you need to make together.  Once you make it, DON'T LOOK BACK!  You will drive yourself crazy with "what ifs".  Make your decision and stick to it.  Both will get you to the same place.

 

One last comment, don't focus so much on the process.  Focus on why you are doing this process.  It is long but it isn't difficult unless you make it that way.  The love is where your focus should be.  It will make this journey a little easier.

[Just Paul 4,595]

CSC rarely processes CR1s.  If you file the I-130 your case can be moved from center to center.  Think of adjudication like a checkout line at a grocery store.  Some lines move faster.  Sometimes the shortest line has an issue.  Every I-130 is different as it is based on the two parties and the particulares.  We didn't even consider the US initially for residency when we got married. We moved to Mexico.  Then life happened and there were fortunate circumstances and we got here super fast.

 

If you withdraw the I-129F and file for the spousal make sure your petition is complete and accurate.

 

[GarLeb 11]

Thank you all for all your advice. You've all made excellent points. I actually didn't know about the random assignment of CR-1 cases. I assumed (mistakenly) that they were assigned depending on the petitioner's location and the nearest service center to it. Is this also true for K-1 applications? (My fiancé is from California, and our K-1 was assigned to CSC).

 

At this point, with our K-1 application going 1-1/2 years in, we've decided to stick with it and wait it out. If we could go back in time and to the starting point, we would definitely pick the CR-1 route, but what's done is done. You all are right, it really depends on what our ultimate goal is. Right now, what we want is to be together in the U.S. We both discussed the limitations of K-1, with me being unemployed for a year (maybe more), and we're both fine with it. We'll take that time to catch up on lost time, visit family and friends all over the U.S., me learning how to drive "the U.S. way," and just immersing myself in the new culture and environment. 

 

To anyone who's in a similar boat, I hope what everyone said above clarifies things for you as well. Good luck to us all! ☺️

[John & Rose 7,239]

I did both. We had a K-1 denied and we had a successful CR-1. There is no comparison. Spousal feels cleaner, easier and more focused than K-1. Maybe it is easier to wait with a spouse than a fiancée. All I know is the CR-1 felt more comfortable. Both get you to the same place but the CR-1 seems to have a smoother path. 

[andrewfromdenver 31]

i filed august 2019 but it barely got accepted by nvc june 2020

 

i sometimes want to throw in the towel and go cr-1 but my lawyer tells me i should be close to top of list

 

my case still stuck in nvc purgatory

[Walter94 7]

On 11/18/2021 at 4:36 AM, Paul & Mary said:

CSC rarely processes CR1s.

 

Hi Paul & Mary,

 

I am curious to know...have you seen any specific information about this? I too am in the same boat as GarLeb (except I only filed my I-129f 8 months ago), and as a California resident I'm concerned about doing the CR1 and ending up with my case getting stuck at the California center for 26-34 months. Is it really true that the California center usually doesn't handle I-130 cases for US citizens bringing their foreign spouses?

 

Thanks

[Just Paul 4,595]

26 minutes ago, Walter94 said:

Hi Paul & Mary,

 

I am curious to know...have you seen any specific information about this? I too am in the same boat as GarLeb (except I only filed my I-129f 8 months ago), and as a California resident I'm concerned about doing the CR1 and ending up with my case getting stuck at the California center for 26-34 months. Is it really true that the California center usually doesn't handle I-130 cases for US citizens bringing their foreign spouses?

 

Thanks

K1s are processed at CSC.  CR1&2 and IR1&2s are not normally processed there.   But USCIS can move any case any time and multiple times anywhere to help workload.

[Just Paul 4,595]

1 hour ago, Walter94 said:

Is it really true that the California center usually doesn't handle I-130 cases for US citizens bringing their foreign spouses?

Here is the USCIS normal processing center matrix

https://www.uscis.gov/forms/all-forms/service-center-forms-processing

 

The chart does not differentiate between I-130 types but most CR1/2 IR1/2s go everywhere but CSC.   CSC handle all of the other IR cases.

 

If you change to a spousal just contact USCIS to withdraw the K1 petition

[Walter94 7]

8 minutes ago, Paul & Mary said:

Here is the USCIS normal processing center matrix

https://www.uscis.gov/forms/all-forms/service-center-forms-processing

 

The chart does not differentiate between I-130 types but most CR1/2 IR1/2s go everywhere but CSC.   CSC handle all of the other IR cases.

 

If you change to a spousal just contact USCIS to withdraw the K1 petition

That's helpful, thanks. I think it's a no-brainer at this point to scrap the pending K1 and do the CR1 route instead. The backlog for K1 interviews in Manila is so massive that it'll probably take years to even get an interview. At least the USCIS makes an effort to be efficient with spousal visa cases.

[Karabast39 11]

13 hours ago, Walter94 said:

That's helpful, thanks. I think it's a no-brainer at this point to scrap the pending K1 and do the CR1 route instead. The backlog for K1 interviews in Manila is so massive that it'll probably take years to even get an interview. At least the USCIS makes an effort to be efficient with spousal visa cases.

The other major consideration is that it's taking USCIS more than six months to process advanced parole, etc. for the K-1 once he/she enters and marries. That's a long time to get to permission to work, travel, etc.  Much better just to enter with a valid I-551 right away.