By Brian in Visas and Green Cards | on 2024-01-30 03:59:56
The term I-130 refers to a family-based immigration visa petition. The government does not limit the number of immediate relatives, like spouses, that can enter the United States. However, that does not mean that your husband or wife’s visa application will be processed overnight.
If you are a US citizen, that does help speed up the process. For citizen petitioners, the wait can range anywhere from just over a year to four and a half years. If the petitioner is just a green card holder (not a US citizen), you can anticipate a wait of anywhere from two and a half to five and a half years.
Begin the process by consulting our Austin immigration attorneys about your next steps.
Each United States Citizenship and Immigration Services (USCIS) field office regularly posts how long their backlog is for I-130 visa applications. The five field offices that process I-130s are in California, Nebraska, Potomac, Texas, and Vermont. At the moment, each of the five field offices has a 14-month wait for citizen petitioners. For green card petitioners, the wait times are as follows:
It’s pretty easy to prove that your parents or children are blood relatives—a birth certificate will usually do the trick. However, something you’ll face when petitioning for your spouse’s visa is proving that your marriage is not a sham. A “qualifying” marriage means that you and your spouse are genuinely in love and are planning a life together. If the main reason you two got married was for immigration purposes, your spouse will not be awarded a visa.
To prove the marriage is legitimate, be prepared to show:
If you are legally residing in the United States, you may request for your unmarried child under age 21 and your parents to get a green card, too—not just your spouse. There is no limit to how many immediate relatives of lawfully present immigrants can enter the country annually. Your extended relatives fit in the “family preference” category (grandparents, siblings, cousins, aunts, and uncles). Family preference visas are limited each year, and therefore, the backlog is significant, especially if you are only here on a green card.
The Austin immigration attorneys at J. Sparks Law can help you bring your spouse to the United States most efficiently and economically. Find out how we can help today! Contact our office for a free immigration consultation now.