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I-130 processing time greater than length of K-3

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  • I-130 processing time greater than length of K-3

    I know I can't be the only one with this problem, but I filed an I-130 for my wife in July of 2001. She was out of the country at that time but we got her a K-3 visa and she was able to come here to the US while waiting for the I-130. She came in Dec 2002 so her K-3 expires in Dec 2004. We filed the I-485 and had the interview which was approved but of course, since the I-130 was still processing she could not get the green card. Anyway, the proccessing time the giving us now is up to 500+ days. So what happens when the K-3 visa expires and the I-130 is still processing? I don't find anything on the INS website that addresses this and I have yet to get a straight answer from anyone I have talked to at INS.

  • #2
    which service center did you file the i-130 first ? My i-130 (spouse) was filed back in september 2002 in texas service center. When i came on a k3 visa last july they said i can't file the i485 unless i get the i-130 approval first !!!

    I am still waiting for the approval of the i130 yet. Already waited for 16 months going on the 17.

    i am confused now !!!

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    • #3
      i called the texas service center and ask them about what should be done befoire the k3 visa expires. The ins officer said to file the form the i-539 along with a receipt of the 130 petition files that shows it is pending. If you filed also the i485 also submit a copy of the receipt. If i were you i better looked at the form i-539 and read what should be filed.

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