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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11710
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Is there any way to expedite an I 130 application. I am a

Customer Question

Is there any way to expedite an I 130 application. I am a US citizen and the application is for my wife, who is Russian and is in Russia at the moment. We have a three year old daughter, also an American citizen, but she is with my wife in Russia. I applied in early September, received a receipt number but nothing else since.
Submitted: 6 years ago.
Category: Immigration Law
Expert:  Expert James replied 6 years ago.
Welcome!

I'm happy to answer any questions you might have. Please allow me some time to review your question and prepare an answer.

Unfortunately, there is no way to expedite your wife's I-130 during the time that it is in process, unless there exists a medical emergency that can be verified or the US citizen is being deployed for military purposes. The expedite simply for the purpose of convenience or bringing a family together is not a reason for an expedite request approval.

Aside from that, you should have a result on their applications, and they should be able to enter the US, sometime in May or June.

I wish I had some better news for you, but unfortunately, this is the reality of your family's situation. The rules as set forth by the USCIS are quite firm on this matter. Otherwise, everybody would request an expedited review of their petitions.

I hope I answered your questions. Please remember to click the "ACCEPT" button, as this is the only way I receive credit for answering your question. Rest assured that your question will not close, and you can still ask related follow-up questions.

Also, if you feel like I deserve it, leaving a BONUS and some positive feedback is most appreciated!

Thank you!
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Customer: replied 6 years ago.
Thank you. Would she be able to come temporarily on a visitor's or tourist visa? And why do you say they should be able to enter the US in May/June?
Expert:  Expert James replied 6 years ago.
As far as a visitor/tourist visa, she will be denied outright, since it is a non-immigrant visa issued for a temporary period of stay in the US. Of course, since the I-130 has been filed on her behalf, she has an immigrant intent and doesn't qualify for the "visitor" visa.

You can try to file for a K-3 visa for the Spouse of a US Citizen who has an I-130 Petition in process. If approved, she would be able to enter the US to await the processing of the petition, and then to adjust her status. There is no guarantee that she will be approved, but it's worth a shot. Just know that this takes anywhere from 4-6 months for approval.

I said May or June because, as of now, it's taking anywhere from 8-10 months to get approval for the I-130, Petition for Alien RElative that is processed through the consulate or embassy abroad.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way I receive credit for answering your question. Rest assured that your question will not close, and you can still ask related follow-up questions.

Also, if you feel like I deserve it, leaving a BONUS and some positive feedback is most appreciated!

Thank you!