IR1 with no income in US (Merged)

[NicolòVito 1]

Hi everyone, I'm Italian and I'm married to a US citizen. I applied for a family visa via Form I-130 in April 2023. The first month processing time was 13 months. Now, on my USCIS account, it shows 5 months. Is this the timeline needed to obtain the visa (including medical visits and interviews at the consulate in Naples) or is it the timeline for the I-130 form to be approved and from that moment there will be medical visits and an interview, therefore another timeline? I would like to understand when I will able to move and schedule in time all the trip. It's not easy move all our life to an other country  having few months available.

THX you

I-130 on 06 june 2023.pdf

Edited August 19, 2023 by Crazy Cat

[Caro1 78]

That is the timeline to approve only the I-130, however it’s only an estimate. If you get an RFE, for example, it will take longer for sure. And even if you don’t get an RFE, it might take longer anyways. It depends from case to case. 
 

[Crazy Cat 41,836]

USCIS does not process or approve visas.  The timeline on the USCIS site regards only the USCIS approval of the I-130.  That estimate seems very generous for a petition submitted in April 2023.

Edited June 10, 2023 by Crazy Cat

[SteveInBostonI130 3,434]

After the I-130 your case proceeds to the NVC stage. There you pay 2 fees and submit more documents online.

 

After you complete your NVC submittals, it takes an average of 1-3 months to get DQ'd, then 1-2 months to get scheduled for an interview, which will be about a month later.   So, about 3-6 months for the interview AFTER you complete the NVC steps.

 

Therefore, you have control of your timing.  You can take a week or so to pay and submit all documents to NVC, or a few months, or even a year.  

 

Wait until 6 months from your potential move date and finish all submittals to the NVC.  

[NeonParticles 126]

4 hours ago, NicolòVito said:

Hi everyone, I'm Italian and I'm married to a US citizen. I applied for a family visa via Form I-130 in April 2023. The first month processing time was 13 months. Now, on my USCIS account, it shows 5 months. Is this the timeline needed to obtain the visa (including medical visits and interviews at the consulate in Naples) or is it the timeline for the I-130 form to be approved and from that moment there will be medical visits and an interview, therefore another timeline? I would like to understand when I will able to move and schedule in time all the trip. It's not easy move all our life to an other country  having few months available.

THX you

I-130 on 06 june 2023.pdf 40.79 kB · 3 downloads

Don't look at the processing time tab because the number is never accurate.  Expect 11-13 months based on the cases being approved right now.

[KatiAndIan 1]

 

1 minute ago, NeonParticles said:

Don't look at the processing time tab because the number is never accurate.  Expect 11-13 months based on the cases being approved right now.

They recently (June 1st) started prioritizing I-130s for immediate family members of US citizens because there's a visa immediately available to them (most other cases have seen a significant increase in estimated processing times). 

The Biden administration has granted more funds to the USCIS this year to account for staff shortages and the USCIS has written on their website that they are prioritizing reducing their massive COVID backlog so that they want to have gone through a good chunk of it by the end of 2023.

 

Will it be 5 months from now? Maybe. Will it take as long as it did during COVID backlog times? On average probably no. I believe in 2019 there were many cases where it took 8 months but I'd have to check again. 

[Crazy Cat 41,836]

20 minutes ago, KatiAndIan said:

The Biden administration has granted more funds to the USCIS this year to account for staff shortages

Immigrant visas are self-funded.  Nowhere in the WH statement below does it state that immigrant visa petitions are addressed in Biden's budget proposal.  He has proposed a great deal of money for asylum seekers.

FACT SHEET: President Biden’s Budget Strengthens Border Security, Enhances Legal Pathways, and Provides Resources to Enforce Our Immigration Laws | The White House

 

The Budget includes $865 million for United States Citizenship and Immigration Services (USCIS) to process the increasing asylum caseloads, reduce the historically high immigration benefit request backlog, support the Citizenship and Integration Grant Program, and improve refugee processing to achieve the Administration’s goal of admitting up to 125,000 refugees.

Edited June 10, 2023 by Crazy Cat

[KatiAndIan 1]

6 hours ago, Crazy Cat said:

Immigrant visas are self-funded.  Nowhere in the WH statement below does it state that immigrant visa petitions are addressed in Biden's budget proposal.  He has proposed a great deal of money for asylum seekers.

FACT SHEET: President Biden’s Budget Strengthens Border Security, Enhances Legal Pathways, and Provides Resources to Enforce Our Immigration Laws | The White House

 

The Budget includes $865 million for United States Citizenship and Immigration Services (USCIS) to process the increasing asylum caseloads, reduce the historically high immigration benefit request backlog, support the Citizenship and Integration Grant Program, and improve refugee processing to achieve the Administration’s goal of admitting up to 125,000 refugees.

And "reduce the historically high immigration benefit request backlog" does not mean that they are trying to also get every non-asylum seeker petition going faster? Especially with what they say here?

https://www.uscis.gov/newsroom/news-releases/uscis-announces-new-actions-to-reduce-backlogs-expand-premium-processing-and-provide-relief-to-work

 

Even if immigrant visas are self-funded; being able to hire on more staff to process asylum seeker petitions and "reduce the historically high immigration benefit request backlog" means more people to go through our stuff once they are done. USCIS staff doesn't magically pop up from the ground like daisies just to vanish once all the asylum seekers have been approved or denied.

[Crazy Cat 41,836]

On 6/10/2023 at 4:19 PM, KatiAndIan said:

USCIS staff doesn't magically pop up from the ground like daisies just to vanish once all the asylum seekers have been approved or denied.

Yes, they do.  Some of them are contracted by the US....not perm hires.  Once the new fee structure is active, expect more immigrant visa processors.   They say a lot...but their actions don't measure up....unless you come across the border.

By the way, Congress allocates money.

Edited June 11, 2023 by Crazy Cat

[NicolòVito 1]

Thanks to everyone's. Now I've cleares ideas. The timing showed is only for the I-130 form. Then, if approved, my petitioner, my wife, will be contact to file other documents or evidence. In 2019 I applied and obtained the same visa and I remember these steps. I hope that my timing is faster because my evidence and documents are the same of 2019 because nothing is changed. In February 2023 I returned my old Green Card as I had been out of the US for 3 years. In the return, I mentioned my new intention to apply for a new Green Card. And when I applied for Form I-130, in April 2023, I mentioned my return of the Green Card which happened 2 months earlier. However, I have submitted all the required documents. Now I believe that my timing has decreased, so quickly, because the documents presented are the photocopy of those presented in 2019 and for which I obtained my first visa already. In 2019 I submitted the I-130 form in July and I obtained the visa at the end of December, i.e. in about 6 months. Now things have changed but I am confident that by the end of this year I will get to the end of my process. For the record, I already know that I could have entered the US with my old Green Card because it is valid until 2029 but I didn't want to risk leaving my whole world here in Italy and "trying" to enter. If they had blocked me I would have been left with nothing in hand, in Italy and US. And it wouldn't have been pleasant to be in a similar situation. And I think that trying to do everything by following their rules is a good presentation ticket. Or no?hanks to everyones

Nicolò

[LucindaLou 43]

Quote

In 2019 I applied and obtained the same visa and I remember these steps. I hope that my timing is faster because my evidence and documents are the same of 2019 because nothing is changed. In February 2023 I returned my old Green Card as I had been out of the US for 3 years. In the return, I mentioned my new intention to apply for a new Green Card. And when I applied for Form I-130, in April 2023, I mentioned my return of the Green Card which happened 2 months earlier. However, I have submitted all the required documents. Now I believe that my timing has decreased, so quickly, because the documents presented are the photocopy of those presented in 2019 and for which I obtained my first visa already.

I am in the same boat, but I would not expect miracles. Well I have left the US sooner then you, nonetheless the documents such as marriage certificate and birth certificate do not change. I would prepare for the long haul to be honest.

[Chancy 6,241]

10 hours ago, NicolòVito said:

For the record, I already know that I could have entered the US with my old Green Card because it is valid until 2029 but I didn't want to risk leaving my whole world here in Italy and "trying" to enter. If they had blocked me I would have been left with nothing in hand, in Italy and US. And it wouldn't have been pleasant to be in a similar situation. And I think that trying to do everything by following their rules is a good presentation ticket. Or no?

 

Surrendering your GC was a mistake.  CBP has no authority to remove your LPR status, and is legally required to admit you with a 10-year GC.  Water under the bridge now, though.  Lesson for other readers with 10-year GCs.

 

[NicolòVito 1]

Thanks for all who read my post and many thanks for those who replied. I would like to explore another way to get to the US hopefully faster. My wife is a US citizen. So she can enter the US whenever she wants too if she doesn't have a job yet. Right? If we moved to the US without me having a visa or maybe with only my Form I-130 approved, how would I enter the US? With ESTA? How could I expedite getting my IR-1 visa if I was already in the US. My wife could start working somewhere right away and we would rent a house. Could this be a viable way or would it just cause me problems? Do you have any valuable suggestions for me? THX

[Crazy Cat 41,836]

14 minutes ago, NicolòVito said:

Thanks for all who read my post and many thanks for those who replied. I would like to explore another way to get to the US hopefully faster. My wife is a US citizen. So she can enter the US whenever she wants too if she doesn't have a job yet. Right? If we moved to the US without me having a visa or maybe with only my Form I-130 approved, how would I enter the US? With ESTA? How could I expedite getting my IR-1 visa if I was already in the US. My wife could start working somewhere right away and we would rent a house. Could this be a viable way or would it just cause me problems? Do you have any valuable suggestions for me? THX

You cannot enter the US as a visitor with the intent to stay and adjust status.  That is visa fraud.  Discussion of this is also strictly prohibited by the Terms of Service here on VJ.   You can visit during the spousal visa process if you have ESTA or a B2 visa, but you cannot live in the US without a proper visa. 

Edited June 17, 2023 by Crazy Cat

[NicolòVito 1]

so you are telling me that if my wife wants to go to the US and work there she can do so because she is a US citizen but she cannot bring her husband together without a proper visa even though she has already applied for a visa.  In our case we have to wait for the conclusion of the process, until the visa here in Italy.  There are other ways to speed up?