Can I stay in U.S. after filing I-130?

Unfortunately, an approved I-130 petition does not, by itself, give you permission to come to, or remain in, the United States.

Can I stay while I-130 is pending?

It depends on a variety of factors. However, in general, if your family member is already in the U.S. on a different visa (i.e. B-2 visitor visa, F-1 student visa, H-1B nonimmigrant worker, etc.), s/he can remain in the U.S. and can travel back and forth to the U.S. while your visa petition is pending.

Can my spouse stay in the US while I-130 is processed?

Entry into the USA while immigrant petition is pending

Once you have filed an I-130 form, your spouse is eligible to apply for a nonimmigrant visa. This will enable your spouse to live and work in the U.S. while the visa petition is pending. To apply for a nonimmigrant visa, you must file an I-129F form.

What happens after submitting I-130?

USCIS may request biometrics information from any applicant, sponsor, or petitioner. After your file your I-130, you will receive Form I-797C from USCIS, which will let you know if your petition has been approved, rejected, or if you need to provide more information.

Can I stay in the US while waiting for immigrant visa?

If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of the visa.

Who can stay after I-130 is filed? Can you travel while you have an active immigration case?

How long does I-130 take to get approved 2023?

Form I-130 (officially called the “Petition for Alien Relative”): When the sponsor is a U.S. citizen (known as the CR1 visa) is 11.9 months. When the sponsor is a green card holder (known as the F2A visa) is: 25 months.

Can I apply for tourist visa while waiting for I-130?

Yes, it is possible to apply for a U.S. tourist visa (B-2 visa) while your I-130 petition is processing. The I-130 petition is typically filed by a U.S. citizen or lawful permanent resident on behalf of a family member to establish the qualifying familial relationship for immigration purposes.

What is the average time for I-130 approval?

For a spouse of a U.S. lawful permanent resident, the processing time of Form I-130 takes between 14 and 37 months. Because every case is different, some I-130 forms may take longer to resolve than others. Typically, USCIS handles the cases in the order they are received.

How long is an approved I-130 petition valid?

How long is Form I-130 valid? Approved alien relative petitions generally do not expire. However, once transferred to the National Visa Center for a green card, you must communicate with the National Visa Center yearly to prevent termination of your petition.

How long does it take for I-130 to get approved for spouse?

- The processing time for U.S. citizens filing Form I-130 for a spouse beneficiary ranges from 13-54.5 months. - The processing time for legal permanent residents filing Form I-130 for a spouse beneficiary ranges from 32-67.5 months.

What is the next step after I-130 approval for spouse 2023?

If your I-130 Petition is approved, this means that USCIS agrees that your spouse qualifies for a green card. The next step is to apply either for an Adjustment of Status, if your spouse is within the US, or for an Immigrant Visa from a US consulate overseas.

What happens after you file I-130 for spouse?

Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Can I stay in US while my case is pending?

The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).

Can I stay in the US while waiting for green card?

You can apply for a green card through consular processing or adjustment of status (AOS). AOS is the process that allows you to apply for a green card from within the US. When you use AOS, you can remain in the US as you wait for your green card to be processed even if your visa expires.

What is the fastest way to bring your spouse to USA?

Spouses of US citizens fall under the IR1 visa category as immediate relatives of the citizen. Of all family-based petitions, this is the most prioritized; visas are always available, and the processing typically takes a shorter time than other categories.

Can I-130 be denied after approval?

However, once the petition has been accepted, and the receipt notices have been received, they will begin the request for evidence (RFE). The RFE will be issued before they deny a petition. I have rarely seen a petition get denied without an RFE.

How long will my case be actively reviewed by USCIS I-130?

How Long does USCIS Have to Actively Review a Case? It takes approximately 120 days for USCIS to actively review a case. The agency may require additional time to complete its review if any documents are missing.

Can I visit the US if my I-130 form has been approved?

Unfortunately, an approved I-130 petition does not, by itself, give you permission to come to, or remain in, the United States. The approval of the I-130 petition is a prerequisite to filing an application for a green card (lawful permanent residence).

Can I speed up I-130 processing time?

Expedited processing may be granted for reasons such as severe financial loss, emergency situations, and humanitarian reasons. It also includes the nonprofit status of the requesting organization in furtherance of the social interests and culture of the United States.

Is I-130 approved without interview?

Yes, it is possible to be approved for an I-130 without an interview. Many I-130 petitions are approved with an interview waiver. However, whether or not an interview is required is ultimately up to the USCIS officer reviewing the petition.

What is I-130 visa priority date?

Determine your Priority Date.

This is the date that your approved Form I-130 was filed. This date appears on the Form I-797 that USCIS issued to your petitioner when the Form I-130 was approved (refer to the “Receipt Date”).

How long does I-130 take to get approved 2024?

Approximately 10 to 14 Months After Filing

Most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame, but they can take longer in some cases.

Will USCIS be faster in 2023?

USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.

What to do if I-130 is taking too long?

If your case is outside normal processing times (beyond the time to complete 93% of adjudicated cases or beyond 130% of the cycle time), you will be provided a link for submitting an inquiry. If your case is within normal processing times, you will be provided an estimated date for when you can contact us.