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Time frame for I-130 petition

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xaggi
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Joined: Sat May 21, 2022 8:36 pm

Time frame for I-130 petition

Post by xaggi » Sat May 21, 2022 8:46 pm

Hi,
I have a question regarding the time frame of the application for a US Green Card (IR1) as a spouse (from abroad). I am German and currently living in Germany with my US citizen wife. We are making plans to potentially move back to the US around July 2024. Preferably, we would not want to move much later than that, but for personal reasons also cannot move much earlier.

From what I read, the whole process of getting a Green Card for a spouse can take quite a while, hence we are considering starting with the first step, i.e. the I-130 petition, already now.
Given the long processing times I usually hear, this may seem silly, but we are a bit worried to apply 'too early'.

I found that the usual processing time for the I-130 seems to be 8-15 months for USCIS and 3 months NVC processing time (on top, I assume?).

Then, it seems, after the approval there is a 1 year time frame within which I need to apply for an immigrant visa, which then would be valid for 6 months, i.e. if we plan to move in 2 years, we should be good to apply now-ish?

Did anyone experience that the I-130 went considerably faster than a year?
What would happen, if we are 'unlucky' enough for the petition to get approved already after just a few months? Is there a feasible way of prolonging the process?

I am also a bit uncertain about when exactly the 1 year time frame begins? For example, I read (https://fam.state.gov/fam/09FAM/09FAM050413.html, 9 FAM 504.13-2(C)) "The one-year period stops, however, if during that time the applicant takes substantive steps to apply for the visa, such as rescheduling the IV appointment date." Does this mean that the time frame can be simply extended by making an appointment, and cancelling and rescheduling it?

I am aware that this is a bit of a first world problems question, but I would be very grateful for any advice what the best strategy is if one is eligible for an IR1 visa and wants to immigrate not as soon as possible but rather in, say, exactly 25 months from now.

Thanks a lot.

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