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When applying for a family-based green card, save $465 and keep ahead of the waiting curve.You must submit Form I-130 (“Petition for Alien Relative”) to demonstrate that you are sponsoring a spouse or close relative for a green card and that the relationship is legitimate.
In addition, recent advice from the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman), a self-governing body that looks into complaints against U.S. Citizenship and Immigration Services (USCIS), can help applicants for family-based green cards avoid processing hold-ups and additional fees.
How much time does it usually take?
If you complete Form I-130, Petition for Alien Relative, correctly, USCIS will first reply by issuing you a receipt notification confirming receipt of your application. The receipt notification, formally known as Form I-797C, Notice of Action, often arrives 2 to 3 weeks after submission. On the other hand, if your Form I-130 were not correctly filed, USCIS would give you a Notice of Action to deny your application or a Request for Evidence requesting additional items. Either way, your request will be severely delayed. As a result, it is critical to prepare the I-130 and provide all required supporting documentation properly.
Although the stages are pretty uniform, the I-130 handling time will vary greatly depending on the relationship (between applicant and beneficiary), USCIS caseload, and your capacity to file an I-130 petition correctly. However, for most individuals, the following outline covers the primary stages of the I-130 timeframe.
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What the guidelines say
Form I-130 asks if the applicant is filing from within the United States (through the adjustment status procedure) or outside the United States (through the consular process). But there’s a catch: while the form enables you to select both alternatives, you should choose only one.
This is why USCIS will deliver your accepted application to your address. If you choose adjustment of status, USCIS will typically forward your Form I-130 to the National Record Center (NRC) to be held while you submit Form I-485 (the adjustment of the status form). If you select consular procedure, USCIS will forward your application to the Department of State’s National Visa Center (NVC).
What’s the end result?
Selecting only one choice will help you save money and minimize processing delays. According to the CIS Ombudsman, there have been multiple complaints from candidates who selected both options on Form I-130, and USCIS transmitted their approved petitions to the NRC. Suppose the applicant is based outside the United States and chose both.
In that case, USCIS needs them to file Form I-824 (“Application for Action on an Approved Application or Petition”) to redirect the application to the NVC for consular review. The filing fee for Form I-825 is $465, and processing timeframes range from 3.5-22.5 months on average. To save time and money, you must choose only one route on Form I-130.
If you picked both options and USCIS hasn’t yet processed your form, you could amend your selection by contacting the USCIS Contact Center.
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