Understanding the Status of Your I-130 Immigrant Petition

It can be frustrating to wait so long for updates on your I-130 immigrant petition, especially when the processing time can span years. This article aims to provide clarity on why your petition has been in a long wait and what to expect from the process.

Why Has My I-130 Been So Long?

When you filed your I-130 on December 13, 2023, you may not have received any updates from the United States Citizenship and Immigration Services (USCIS). It's important to understand that processing times can vary greatly, and for an IR1 visa, the typical processing time is around 2 years as per the monthly visa bulletin processing times.

Understanding Processing Delays and Your Case

Your case might be delayed for several reasons. Firstly, the backlog in the system can cause significant delays. Multiple factors contribute to these delays, including a high volume of filings and capacity constraints within the USCIS.

When you submitted an I-130 for your spouse, the processing time started on December 13, 2023. As per the processing timelines, you would expect updates after reaching the 90th month (7.5 years). Before this, the USCIS typically does not provide updates unless specifically requested to do so.

Factors Affecting Your I-130 Processing

The specific type of visa and relative relationship can also affect the processing time. For example, an IR1 (Spouse of a U.S. citizen) will typically see a longer processing time as compared to immediate relatives like the spouse of a green card holder (F2A) or an unmarried child under 21 (F2B).

For IR1 visas, the processing can take up to 2 years or more, depending on the current category. Currently, Mexico F4 (Mexican sibling of a U.S. citizen) faces a wait time of more than 20 years. Here's a summary of the general processing times for different categories:

Spouse of a U.S. citizen (IR1): 2 years Spouse or unmarried child under 21 of a lawful permanent resident (F2A/F2B): Faster processing can occur, sometimes within months or up to 2 years. Unmarried sibling of a U.S. citizen (F4): Over 20 years (as of now) Priorities are processed first, and slower categories are reviewed when capacity permits.

As of now, with overloading of the system, USCIS is prioritizing the processing of certain categories, which explains the extended wait times for some cases.

What to Expect and Next Steps

While it is frustrating to not receive updates, it is advisable to wait until the case reaches the 90th month for the IR1 category. After this, you can start reaching out to the USCIS with inquiries or providing additional information through case updates and other forms to expedite the process.

Here’s what you can do:

Wait until the 90th month (7.5 years) from the initial filing date for the IR1 category. Check the visa bulletin for your specific category periodically to see the latest updates and anticipated processing timelines. If you file documentation after 90 months, consider reaching out to the USCIS to inquire about the status of your case. Be patient but proactive. Continuous communication with USCIS can provide some clarity and possibly expedite the process.

In conclusion, understanding the factors affecting the I-130 process and knowing the typical timelines can help alleviate some of the frustration and anxiety. Keep track of the case status and be prepared to take proactive steps after the 90th month. If your case involves slower categories, it may take several more years before you receive an update.