How Long does it take for NVC to process immigrant visa/what is the process.
#1
Forum Regular
Thread Starter
Joined: Jul 2013
Posts: 61
How Long does it take for NVC to process immigrant visa/what is the process.
Hi everyone,
If you have read my previous threads you will see that I had asked questions about I-130 and k3 visa etc and my VWP overstay etc.
An update: my husband (American citizen/petitioner) sent the I-129F for spouse to USCIS and requested an expedite due to medical emergency. My husband received a letter from USCIS asking for medical documents explaining his emergency. He sent the medical documents to them, and he received a letter from them saying they have received it and are reviewing his request. He requested the expedite in mid November 2013. To date we are waiting a response.
In the meantime, a few days ago he received a letter from USCIS saying that the I-130 was approved and sent to the NVC. (YAY). My husband filed the I-130 in September/October 2013.
My questions:
1. Now that the I-130 is approved, is it correct to say that the K3 visa application process will no longer stand?
2. Now that the I-130 has been sent to the NVC for processing what are the next steps, and how long Is the regular time frame for processing?
3. Can my husband send the expedite request to NVC? If yes, does anyone know how long the expedite could take? And how long it will now take the NVC to process the papers on an expedite request?
Just as a side note, I am a British citizen, and I am currently based in The United Kingdom. My husband is a USA citizen and lives in The U.S Virgin Islands. Since all these applications And paperwork had been taking so long, we started to make arrangements for me to travel to the British Virgin Islands namely the island of Virgin Gorda. The reason for this is because my husband could travel across the water by boat (30 minute boat ride) to come and visit me and spend time with me, and I could care for him whilst he is going through his medical emergency. I was offered a job in Virgin Gorda, so I could stay indefinitely whilst awaiting my Visa to be completed. I am hesitant whether to accept this job offer and commit to one full year in the British Virgin Islands, seeing that now my I-130 has been approved. That is why it is important to me to know approximate time frames.
Thank you all in advance for your time and answers. I have done my best to ask the questions in the clearest way possible. I hope it all makes sense.
If you have read my previous threads you will see that I had asked questions about I-130 and k3 visa etc and my VWP overstay etc.
An update: my husband (American citizen/petitioner) sent the I-129F for spouse to USCIS and requested an expedite due to medical emergency. My husband received a letter from USCIS asking for medical documents explaining his emergency. He sent the medical documents to them, and he received a letter from them saying they have received it and are reviewing his request. He requested the expedite in mid November 2013. To date we are waiting a response.
In the meantime, a few days ago he received a letter from USCIS saying that the I-130 was approved and sent to the NVC. (YAY). My husband filed the I-130 in September/October 2013.
My questions:
1. Now that the I-130 is approved, is it correct to say that the K3 visa application process will no longer stand?
2. Now that the I-130 has been sent to the NVC for processing what are the next steps, and how long Is the regular time frame for processing?
3. Can my husband send the expedite request to NVC? If yes, does anyone know how long the expedite could take? And how long it will now take the NVC to process the papers on an expedite request?
Just as a side note, I am a British citizen, and I am currently based in The United Kingdom. My husband is a USA citizen and lives in The U.S Virgin Islands. Since all these applications And paperwork had been taking so long, we started to make arrangements for me to travel to the British Virgin Islands namely the island of Virgin Gorda. The reason for this is because my husband could travel across the water by boat (30 minute boat ride) to come and visit me and spend time with me, and I could care for him whilst he is going through his medical emergency. I was offered a job in Virgin Gorda, so I could stay indefinitely whilst awaiting my Visa to be completed. I am hesitant whether to accept this job offer and commit to one full year in the British Virgin Islands, seeing that now my I-130 has been approved. That is why it is important to me to know approximate time frames.
Thank you all in advance for your time and answers. I have done my best to ask the questions in the clearest way possible. I hope it all makes sense.
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: How Long does it take for NVC to process immigrant visa/what is the process.
I don't usually read the marriage forum so I missed you earlier posts.
I just reviewed your other thread and I strongly suspect that you were not just barred from using the VWP for an overstay but that you may have actually been ordered removed from the US.
You mentioned a 10-year bar for a 110 day overstay on the VWP in that other thread and some people dismissed that as not possible because the overstay was too short and claimed that all you needed to overcome that overstay is an immigrant visa. There is a potential 10 year bar for people who are caught in the US as an overstay, even if the overstay is one day. That could happen to a VWP traveler without ever seeing a judge.
Now reading that your husband lives in the USVI, I suspect that you were caught as an overstay before you departed the US and summarily deported for 10 years. If so, it is a felony for you to come back to the US without an approved I-212. You would not be eligible for the immigrant visa without it. The border people in the USVI often sweep the airport looking for people who snuck into the USVI by sea who are trying to fly domestic to the US mainland or overstays. Did that happen to you?
Check the paperwork you received when you were caught. Did you get an I-294 or I-296 with a 10-year box checked? Did you get an I-205, I-200, I-220 or any other documents? Does anything say 237(a)(1)(B) on it as a charge?
If this applies to you, you need a lawyer and your time frame just increased tremendously and may not happen at all. If it applies to you, entering without inspection from that other island would increase your bar to a lifetime with no waiver for 10 years. It would also be a felony and you could wind up in prison.
Let us know about the paperwork you received, but you may need a good attorney.
I just reviewed your other thread and I strongly suspect that you were not just barred from using the VWP for an overstay but that you may have actually been ordered removed from the US.
You mentioned a 10-year bar for a 110 day overstay on the VWP in that other thread and some people dismissed that as not possible because the overstay was too short and claimed that all you needed to overcome that overstay is an immigrant visa. There is a potential 10 year bar for people who are caught in the US as an overstay, even if the overstay is one day. That could happen to a VWP traveler without ever seeing a judge.
Now reading that your husband lives in the USVI, I suspect that you were caught as an overstay before you departed the US and summarily deported for 10 years. If so, it is a felony for you to come back to the US without an approved I-212. You would not be eligible for the immigrant visa without it. The border people in the USVI often sweep the airport looking for people who snuck into the USVI by sea who are trying to fly domestic to the US mainland or overstays. Did that happen to you?
Check the paperwork you received when you were caught. Did you get an I-294 or I-296 with a 10-year box checked? Did you get an I-205, I-200, I-220 or any other documents? Does anything say 237(a)(1)(B) on it as a charge?
If this applies to you, you need a lawyer and your time frame just increased tremendously and may not happen at all. If it applies to you, entering without inspection from that other island would increase your bar to a lifetime with no waiver for 10 years. It would also be a felony and you could wind up in prison.
Let us know about the paperwork you received, but you may need a good attorney.
Last edited by crg; Jan 15th 2014 at 11:34 am.
#3
Forum Regular
Thread Starter
Joined: Jul 2013
Posts: 61
Re: How Long does it take for NVC to process immigrant visa/what is the process.
I don't usually read the marriage forum so I missed you earlier posts.
I just reviewed your other thread and I strongly suspect that you were not just barred from using the VWP for an overstay but that you may have actually been ordered removed from the US.
You mentioned a 10-year bar for a 110 day overstay on the VWP in that other thread and some people dismissed that as not possible because the overstay was too short and claimed that all you needed to overcome that overstay is an immigrant visa. There is a potential 10 year bar for people who are caught in the US as an overstay, even if the overstay is one day. That could happen to a VWP traveler without ever seeing a judge.
Now reading that your husband lives in the USVI, I suspect that you were caught as an overstay before you departed the US and summarily deported for 10 years. If so, it is a felony for you to come back to the US without an approved I-212. You would not be eligible for the immigrant visa without it. The border people in the USVI often sweep the airport looking for people who snuck into the USVI by sea who are trying to fly domestic to the US mainland or overstays. Did that happen to you?
Check the paperwork you received when you were caught. Did you get an I-294 or I-296 with a 10-year box checked? Did you get an I-205, I-200, I-220 or any other documents? Does anything say 237(a)(1)(B) on it as a charge?
If this applies to you, you need a lawyer and your time frame just increased tremendously and may not happen at all. If it applies to you, entering without inspection from that other island would increase your bar to a lifetime with no waiver for 10 years. It would also be a felony and you could wind up in prison.
Let us know about the paperwork you received, but you may need a good attorney.
I just reviewed your other thread and I strongly suspect that you were not just barred from using the VWP for an overstay but that you may have actually been ordered removed from the US.
You mentioned a 10-year bar for a 110 day overstay on the VWP in that other thread and some people dismissed that as not possible because the overstay was too short and claimed that all you needed to overcome that overstay is an immigrant visa. There is a potential 10 year bar for people who are caught in the US as an overstay, even if the overstay is one day. That could happen to a VWP traveler without ever seeing a judge.
Now reading that your husband lives in the USVI, I suspect that you were caught as an overstay before you departed the US and summarily deported for 10 years. If so, it is a felony for you to come back to the US without an approved I-212. You would not be eligible for the immigrant visa without it. The border people in the USVI often sweep the airport looking for people who snuck into the USVI by sea who are trying to fly domestic to the US mainland or overstays. Did that happen to you?
Check the paperwork you received when you were caught. Did you get an I-294 or I-296 with a 10-year box checked? Did you get an I-205, I-200, I-220 or any other documents? Does anything say 237(a)(1)(B) on it as a charge?
If this applies to you, you need a lawyer and your time frame just increased tremendously and may not happen at all. If it applies to you, entering without inspection from that other island would increase your bar to a lifetime with no waiver for 10 years. It would also be a felony and you could wind up in prison.
Let us know about the paperwork you received, but you may need a good attorney.
I guess you did not read my thread carefully. I did not say I was entering the USVI from any other island! I simply said I have been offered a job in the BVI British Virgin Islands, and my husband would COME TO ME to visit. Why you would assume I would be planning on entering USVI without inspection and without my immigrant visa is beyond me. I guess you did not read my thread properly. So there is no need to educate me on felonies or prison, because I am not committing a crime or planning to.
You have not even answered any of my questions. You simply went and answered something from previous posts, which by now I have obviously gathered the info I need and hence me asking a different question.
Please don't make assumptions, not everyone does illegal stuff. Next time, open your mind and read.
#4
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: How Long does it take for NVC to process immigrant visa/what is the process.
Now that the I-130 has been sent to the NVC for processing what are the next steps, and how long Is the regular time frame for processing?
Can my husband send the expedite request to NVC?
If yes, does anyone know how long the expedite could take? And how long it will now take the NVC to process the papers on an expedite request?
That is why it is important to me to know approximate time frames.
Ian
#5
Forum Regular
Thread Starter
Joined: Jul 2013
Posts: 61
Re: How Long does it take for NVC to process immigrant visa/what is the process.
Very likely, yes.
Once the paperwork is processed, NVC will contact you with an LND case number and instructions to get a medical and book an interview. No idea about processing times... it'll take as long as it takes - because there's no way to know how many applications are ahead of yours.
Yes - but I've no idea whether or not that's where the request needs to go.
I don't remember that anyone has done an expidite request... so I don't think anyone can put a time frame on it.
Everyone always wants to know approximate time frames. The problem is that there aren't any - and anyone who gives you a time frame is guessing.
Ian
Once the paperwork is processed, NVC will contact you with an LND case number and instructions to get a medical and book an interview. No idea about processing times... it'll take as long as it takes - because there's no way to know how many applications are ahead of yours.
Yes - but I've no idea whether or not that's where the request needs to go.
I don't remember that anyone has done an expidite request... so I don't think anyone can put a time frame on it.
Everyone always wants to know approximate time frames. The problem is that there aren't any - and anyone who gives you a time frame is guessing.
Ian
One love.
#6
American Expat
Joined: Jan 2004
Posts: 7,598
Re: How Long does it take for NVC to process immigrant visa/what is the process.
Listen. I said the border guards check the airport in USVI looking for people who entered by sea and sometimes find other things like overstays. I didn't say you swam to the USVI.
There is no 10 year bar for those found to have overstayed by less than one year.
There is a 10 year bar for people caught still in the US after their 90 day VWP admission is up.
You said you were stopped in the USVI, 110 days past 90, when you tried to depart. Typically, that results in a Visa Waiver Program Removal and makes it a felony to come back for 10 years.
You need to find out what happened to you when stopped in the US an an overstay because that changes the process.
Good luck to you.
There is no 10 year bar for those found to have overstayed by less than one year.
There is a 10 year bar for people caught still in the US after their 90 day VWP admission is up.
You said you were stopped in the USVI, 110 days past 90, when you tried to depart. Typically, that results in a Visa Waiver Program Removal and makes it a felony to come back for 10 years.
You need to find out what happened to you when stopped in the US an an overstay because that changes the process.
Good luck to you.
Last edited by crg; Jan 15th 2014 at 7:04 pm.