I-130 submitted...does USC need to live in US?

[az2014 381]

Hi,

My beautiful girlfriend (USC via previous marriage) submitted an I-130 (through a lawyer..before we met..) in Nov 2013 to attempt to bring her mother to the US (from Paraguay) and eventually get her GC etc.

Firstly should she have received at least some response by now, or will it take a lot longer?

Secondly if things go to our plan, we will get married in 2015 (in US) and then in 2016 she will come here to the UK to join me on a spouse visa to live here. Will this in any shape or form affect the I-130 etc?

Thank you.

[Penguin_ie 5,994]

Yes- the whole process from filing to interview takes around a year right, now, so she should be in line for interview at least. Did the girlfriend/ her lawyer not get anything yet? Ask the lawyer for the case number so you can look online where in the process the case is. Also ask when NOA2 was received.

The USC petitioner needs to live in the USA at the time the beneficiary (mother) immigrates. Once the beneficiary has a greencard, the petitioner is free to move.

[az2014 381]

Yes- the whole process from filing to interview takes around a year right, now, so she should be in line for interview at least. Did the girlfriend/ her lawyer not get anything yet? Ask the lawyer for the case number so you can look online where in the process the case is. Also ask when NOA2 was received.

The USC petitioner needs to live in the USA at the time the beneficiary (mother) immigrates. Once the beneficiary has a greencard, the petitioner is free to move.

Thank you for your reply. She has the case number at home she will check it when she is home from work.

After the interview etc, if everything is approved, what would be the time frame on being able to immigrate and secure the GC so the petitioner can move?

Im assuming it won't be more than a year so I would think we will be fine with our Feb 2016 aim for her to come here, but I like to plan in advance!

//EDIT

She just told me she got the approval letter (NOA?) a couple of months ago...but this week she got a letter asking for documents...tax receipts...letter from her employer etc. Im very annoyed that she was not advised to send this with the original application, especially as she paid someone to do it...

What would be the rough time frame after sending these back...?

Thanks again!

Edited December 9, 2014 by az2014

[Penguin_ie 5,994]

That she was not asked for those things at the beginning is normal. Police check, I-864 affadavit of support and supporting information are only sent at NVC stage. Once they are sent in, the case should be sent to the embassy within a month or so; how long it takes the embassy to schedule the interview will depend on the embassy and what kind of backlog they have. Some embassies will also only schedule once the medical is done.

If the interview goes smooth and there are no delays due to extra name or security checks, mom should have the visa within 2 weeks after the interview, and then has 6 months to use it. The physical greencard usually arrives within 3 months of her arriving in the USA.

[az2014 381]

That she was not asked for those things at the beginning is normal. Police check, I-864 affadavit of support and supporting information are only sent at NVC stage. Once they are sent in, the case should be sent to the embassy within a month or so; how long it takes the embassy to schedule the interview will depend on the embassy and what kind of backlog they have. Some embassies will also only schedule once the medical is done.

If the interview goes smooth and there are no delays due to extra name or security checks, mom should have the visa within 2 weeks after the interview, and then has 6 months to use it. The physical greencard usually arrives within 3 months of her arriving in the USA.

Thank you, if things go as you say we should enough time.