I-130; big difference in estimated times to process
#1
Guest
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We filed an I-130 petition in December through a lawyer. I was told before I filed it
that it would take 9 months to a year to process. (This is for China, Guangzhou
Consulate). I was told this by two different immigration lawyers and the Consulate
itself. I got back the receipt letter from the California service center that said it
would take over 800 days to process! Any idea as to why the discrepancy? I'm thinking
I got hold of a bad lawyer who didn't know what he was doing and that something else
should have been done that wasn't.
that it would take 9 months to a year to process. (This is for China, Guangzhou
Consulate). I was told this by two different immigration lawyers and the Consulate
itself. I got back the receipt letter from the California service center that said it
would take over 800 days to process! Any idea as to why the discrepancy? I'm thinking
I got hold of a bad lawyer who didn't know what he was doing and that something else
should have been done that wasn't.
#2
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http://www.wkh.org/visa/i-130/timelines/index.html This site has one china case with
about a 4 month approval time. When your expectations are lowered sufficiently, you'd
tend to be pleased with the INS service, wouldn't you ? Perhaps that is the reason
for the estimate that they gave you on the phone.
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about a 4 month approval time. When your expectations are lowered sufficiently, you'd
tend to be pleased with the INS service, wouldn't you ? Perhaps that is the reason
for the estimate that they gave you on the phone.
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#3
Guest
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When we filed in California in September, it was taking them less than three months.
Our notice of action said 29-30 days, as did the recording when I called several
times a week to check.
Sometime after the first of the year the recording jumped to 815-825 days. I
contacted our attorney and she said it was a mistake, but the I-130's have not
moved since about December. I've heard five different stories why, all very
possible...
One of them involved the K3 visa coming up. Our attorney seems to think that the
reason the service centers are dragging their feet on the I-130's is because the
K3 will give them another option...she says we will know more after April 1.
When we filed, it was taking about 5 months for completion for the UK. It's been
six months already, and we are in the same situation we were back in September.
Vicki
"D. L. McLaughlin" wrote:
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Our notice of action said 29-30 days, as did the recording when I called several
times a week to check.
Sometime after the first of the year the recording jumped to 815-825 days. I
contacted our attorney and she said it was a mistake, but the I-130's have not
moved since about December. I've heard five different stories why, all very
possible...
One of them involved the K3 visa coming up. Our attorney seems to think that the
reason the service centers are dragging their feet on the I-130's is because the
K3 will give them another option...she says we will know more after April 1.
When we filed, it was taking about 5 months for completion for the UK. It's been
six months already, and we are in the same situation we were back in September.
Vicki
"D. L. McLaughlin" wrote:
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#4
Guest
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They give the max. for all I-130 petitions which include those for which a visa isn't
immediately available (and thus they process in slower time). The JIT report shows
I-130 (IR) spouse as 09/07/00 which is close to the timeframes you've been quoted.
Andy.
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I'm not really here - it's just your warped imagination.
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immediately available (and thus they process in slower time). The JIT report shows
I-130 (IR) spouse as 09/07/00 which is close to the timeframes you've been quoted.
Andy.
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I'm not really here - it's just your warped imagination.
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#5
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Except, Andy, that the date has not moved SINCE BEFORE CHRISTMAS. I know...ours was
filed on 9/28. Hard to plan your lives without knowing when it will start up again.
And I have heard five different stories (all very plausible) as to why they have quit
processing spousal I-130's for the time being.
Vicki
Andy Platt wrote:
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[usenetquote2]> > We filed an I-130 petition in December through a lawyer. I was told[/usenetquote2]
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[usenetquote2]> > I filed it that it would take 9 months to a year to process. (This is for China,[/usenetquote2]
[usenetquote2]> > Guangzhou Consulate). I was told this by two different immigration lawyers and[/usenetquote2]
[usenetquote2]> > the Consulate itself. I got back the receipt letter from the California service[/usenetquote2]
[usenetquote2]> > center that said it would take over 800 days to[/usenetquote2]
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[usenetquote2]> > Any idea as to why the discrepancy? I'm thinking I got hold of a bad[/usenetquote2]
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[usenetquote2]> > who didn't know what he was doing and that something else should have been done[/usenetquote2]
[usenetquote2]> > that wasn't.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
filed on 9/28. Hard to plan your lives without knowing when it will start up again.
And I have heard five different stories (all very plausible) as to why they have quit
processing spousal I-130's for the time being.
Vicki
Andy Platt wrote:
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[usenetquote2]> > We filed an I-130 petition in December through a lawyer. I was told[/usenetquote2]
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[usenetquote2]> > I filed it that it would take 9 months to a year to process. (This is for China,[/usenetquote2]
[usenetquote2]> > Guangzhou Consulate). I was told this by two different immigration lawyers and[/usenetquote2]
[usenetquote2]> > the Consulate itself. I got back the receipt letter from the California service[/usenetquote2]
[usenetquote2]> > center that said it would take over 800 days to[/usenetquote2]
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[usenetquote2]> > Any idea as to why the discrepancy? I'm thinking I got hold of a bad[/usenetquote2]
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[usenetquote2]> > who didn't know what he was doing and that something else should have been done[/usenetquote2]
[usenetquote2]> > that wasn't.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
#6
Guest
Posts: n/a
Same here, Vicki.
When we filed in September with TSC, our lawyer said they were running about 3 months
- 6 at the max. The NOA says 6-9 months for Texas, but even that looks hopeful.
It is enough to drive folks crazy and no I-130's have been done through TSC either
since December. I know there was a 60 day halt on them due to the Bush administration
- but that was way more than 60 days ago.
Sighing, Michelle
PS - Thanks for the email!
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[usenetquote2]> > We filed an I-130 petition in December through a lawyer. I was told[/usenetquote2]
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[usenetquote2]> > I filed it that it would take 9 months to a year to process. (This is for China,[/usenetquote2]
[usenetquote2]> > Guangzhou Consulate). I was told this by two different immigration lawyers and[/usenetquote2]
[usenetquote2]> > the Consulate itself. I got back the receipt letter from the California service[/usenetquote2]
[usenetquote2]> > center that said it would take over 800 days to[/usenetquote2]
process!
[usenetquote2]> > Any idea as to why the discrepancy? I'm thinking I got hold of a bad[/usenetquote2]
lawyer
[usenetquote2]> > who didn't know what he was doing and that something else should have been done[/usenetquote2]
[usenetquote2]> > that wasn't.[/usenetquote2]
When we filed in September with TSC, our lawyer said they were running about 3 months
- 6 at the max. The NOA says 6-9 months for Texas, but even that looks hopeful.
It is enough to drive folks crazy and no I-130's have been done through TSC either
since December. I know there was a 60 day halt on them due to the Bush administration
- but that was way more than 60 days ago.
Sighing, Michelle
PS - Thanks for the email!
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[usenetquote2]> > We filed an I-130 petition in December through a lawyer. I was told[/usenetquote2]
before
[usenetquote2]> > I filed it that it would take 9 months to a year to process. (This is for China,[/usenetquote2]
[usenetquote2]> > Guangzhou Consulate). I was told this by two different immigration lawyers and[/usenetquote2]
[usenetquote2]> > the Consulate itself. I got back the receipt letter from the California service[/usenetquote2]
[usenetquote2]> > center that said it would take over 800 days to[/usenetquote2]
process!
[usenetquote2]> > Any idea as to why the discrepancy? I'm thinking I got hold of a bad[/usenetquote2]
lawyer
[usenetquote2]> > who didn't know what he was doing and that something else should have been done[/usenetquote2]
[usenetquote2]> > that wasn't.[/usenetquote2]
#7
Guest
Posts: n/a
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Bush
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I don't know where you heard that but it sounds highly dubious information to me. The
only significant immigration-related issues I've seen from the new administration are
their budget proposals and the appointment of an iterim commissioner (Kevin Rooney).
Andy.
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I'm not really here - it's just your warped imagination.
Bush
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I don't know where you heard that but it sounds highly dubious information to me. The
only significant immigration-related issues I've seen from the new administration are
their budget proposals and the appointment of an iterim commissioner (Kevin Rooney).
Andy.
--
I'm not really here - it's just your warped imagination.
#8
Guest
Posts: n/a
Andy Platt wrote:
[usenetquote2]> > either since December. I know there was a 60 day halt on them due to the[/usenetquote2]
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[usenetquote2]> > administration - but that was way more than 60 days ago.[/usenetquote2]
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See this URL for info on the Bush 60-day freeze on ALL new legislation, it was not
just immigration legislation by the way. Further, it included not just recently
passed laws that had not yet been recorded in the Federal Register, it included laws
that had been recorded in the Register but which had not yet been implemented:
http://www.shusterman.com/advocacy126.html
You can find this link and several more linksd to Life Act immigration at my LIfe Act
pages: http://www2.apex.net/users/thehydes/245i.html
alvena
[usenetquote2]> > either since December. I know there was a 60 day halt on them due to the[/usenetquote2]
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[usenetquote2]> > administration - but that was way more than 60 days ago.[/usenetquote2]
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See this URL for info on the Bush 60-day freeze on ALL new legislation, it was not
just immigration legislation by the way. Further, it included not just recently
passed laws that had not yet been recorded in the Federal Register, it included laws
that had been recorded in the Register but which had not yet been implemented:
http://www.shusterman.com/advocacy126.html
You can find this link and several more linksd to Life Act immigration at my LIfe Act
pages: http://www2.apex.net/users/thehydes/245i.html
alvena
#9
Guest
Posts: n/a
I know about this but not publishing the federal register didn't stop service centers
processing I-130s!
Andy.
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I'm not really here - it's just your warped imagination.
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[usenetquote2]> > > either since December. I know there was a 60 day halt on them due to[/usenetquote2]
the
[usenetquote2]> > Bush[/usenetquote2]
[usenetquote2]> > > administration - but that was way more than 60 days ago.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I don't know where you heard that but it sounds highly dubious[/usenetquote2]
information
[usenetquote2]> > to me. The only significant immigration-related issues I've seen from[/usenetquote2]
the
[usenetquote2]> > new administration are their budget proposals and the appointment of an iterim[/usenetquote2]
[usenetquote2]> > commissioner (Kevin Rooney).[/usenetquote2]
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processing I-130s!
Andy.
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I'm not really here - it's just your warped imagination.
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[usenetquote2]> > > either since December. I know there was a 60 day halt on them due to[/usenetquote2]
the
[usenetquote2]> > Bush[/usenetquote2]
[usenetquote2]> > > administration - but that was way more than 60 days ago.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I don't know where you heard that but it sounds highly dubious[/usenetquote2]
information
[usenetquote2]> > to me. The only significant immigration-related issues I've seen from[/usenetquote2]
the
[usenetquote2]> > new administration are their budget proposals and the appointment of an iterim[/usenetquote2]
[usenetquote2]> > commissioner (Kevin Rooney).[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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#10
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Andy Platt wrote:
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You and I don't think that it did...however, do you suppose that there was a way that
they could have put a freeze on any petition that might have been AFFECTED by new
legislation? The Life Act would have possibly affected all I-130 petitions, and
therefore may have actually stopped all I-130 processing for 60 days. Or am I just
whistling Dixie?
alvena
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You and I don't think that it did...however, do you suppose that there was a way that
they could have put a freeze on any petition that might have been AFFECTED by new
legislation? The Life Act would have possibly affected all I-130 petitions, and
therefore may have actually stopped all I-130 processing for 60 days. Or am I just
whistling Dixie?
alvena
#11
Guest
Posts: n/a
As I understand it, and I rely on my wife telling me her day-to-day activities to get
this information which means sometimes, ahem, I might not be listening as carefully
as I could, the items published (or not published!) in the federal register are
regulations, not the laws itself. And since the INS hadn't published any regulations
to do with 245(i) in the 60 day timeframe we're talking about I still don't see how
it could effect the processing of I-130 applications. It seems to me that the initial
processing - splitting it up into I-130 (M&C) IR, I-130 (spouse) IR, etc. is
independent of the determination as to whether the petionee is eligible - that being
part of the actual processing the examiner will do.
Of course this is all speculation and I would never underestimate the ability of a
service center to stop processing applications for highly unnecessary reasons!
Andy.
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I'm not really here - it's just your warped imagination.
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[usenetquote2]> > I know about this but not publishing the federal register didn't stop service[/usenetquote2]
[usenetquote2]> > centers processing I-130s![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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this information which means sometimes, ahem, I might not be listening as carefully
as I could, the items published (or not published!) in the federal register are
regulations, not the laws itself. And since the INS hadn't published any regulations
to do with 245(i) in the 60 day timeframe we're talking about I still don't see how
it could effect the processing of I-130 applications. It seems to me that the initial
processing - splitting it up into I-130 (M&C) IR, I-130 (spouse) IR, etc. is
independent of the determination as to whether the petionee is eligible - that being
part of the actual processing the examiner will do.
Of course this is all speculation and I would never underestimate the ability of a
service center to stop processing applications for highly unnecessary reasons!
Andy.
--
I'm not really here - it's just your warped imagination.
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[usenetquote2]> > I know about this but not publishing the federal register didn't stop service[/usenetquote2]
[usenetquote2]> > centers processing I-130s![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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#12
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I believe it was something Matthew Udall said...about them being frozen until
February 1st. Something about changing administrations. It didn't make sense to me,
but not much that the INS does makes sense to me.
Vicki
Andy Platt wrote:
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[usenetquote2]> > either since December. I know there was a 60 day halt on them due to the[/usenetquote2]
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[usenetquote2]> > administration - but that was way more than 60 days ago.[/usenetquote2]
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February 1st. Something about changing administrations. It didn't make sense to me,
but not much that the INS does makes sense to me.
Vicki
Andy Platt wrote:
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#13
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My attorney thinks that they may have started dragging their feet on the I-130's
because of the upcoming availability of the K3's.
Vicki
Alvena Ferreira wrote:
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[usenetquote2]> > I know about this but not publishing the federal register didn't stop service[/usenetquote2]
[usenetquote2]> > centers processing I-130s![/usenetquote2]
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because of the upcoming availability of the K3's.
Vicki
Alvena Ferreira wrote:
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[usenetquote2]> > I know about this but not publishing the federal register didn't stop service[/usenetquote2]
[usenetquote2]> > centers processing I-130s![/usenetquote2]
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#14
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Andy Platt wrote:
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I thought it might be related to k3 and v visas that are associated with I-130's. Of
course, as Dennis Miller says, "I could be wrong." alvena
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I thought it might be related to k3 and v visas that are associated with I-130's. Of
course, as Dennis Miller says, "I could be wrong." alvena