How Long will My Immigration Case Take?
This is both the most common question and the hardest question for us to answer. Sometimes we send out two of the same kind of applications on the same day and we get final decisions at totally different times. However, on this page we will explain what variables our attorneys take into consideration when estimating case times for our clients. This page will be WAY too much information for most of you, but since some of you really wanted to know, we went ahead and created this thorough explanation for you!
How Long will My Adjustment of Status Case Take?
Adjustment of status cases are one of the easiest case types to predict because they involve a single filing with a single office. You can see the current general processing ranges for adjustment of status cases on the USCIS website. Just select I-485 and the USCIS Field Office in the city closest to where the immigrant spouse lives.
Keep in mind that other factors can increase your wait, including: taking a long time to get your documents together, correcting mistakes made on the initial application, responding to Requests for Evidence (RFEs), and political or bureaucracy issues outside of you and your attorney's control.
How Long will My Spouse Visa Case Take?
Spouse visa case processing time is more difficult to predict because these cases involve multiple steps with multiple offices and vary widely. The total processing time will include the I-130 processing with USCIS + time with the National Visa Center + waiting for an interview appointment at the U.S. Embassy + working with the Embassy to get things finalized.
Let's break this down further: STEP 1. You can see the current I-130 processing times on the USCIS website. Just select I-130 and the Service Center your case is being processed at. (Add this time to your calculation)
Click here to check processing times on the USCIS website
STEP 2. It usually takes at least a month for the file to move from USCIS to the NVC. (Add one month to your calculation.)
STEP 3. You can see the NVC current processing times on the Department of State website. (Add this time to your calculation).
Click here to check NVC processing times on the U.S. Department of State website
STEP 4: Add a buffer time for going back and forth with the NVC until they are satisfied. It is more common to spend additional months here if you are doing things DIY. However, the NVC is famous for kicking back things that are 100% correct to begin with, so it can happen to anyone. (Add time to your calculation.)
STEP 5: Figure out how long the wait times are currently for an appointment at the U.S. Embassy abroad that will be doing the interview. We usually estimate this based on our knowledge of recent cases our firm has handled in your country. You might also be able to get a sense of this from chatting with others in our Facebook group or other online groups. (Add this time to your calculation.)
STEP 6: Additional time for spouse visa cases most commonly occurs if there is an error in documentation, or the case gets put into administrative processing limbo, or there is a problem with the medical exam (such as drugs use discovered or exposure to TB requiring a year of antibiotic treatment). (We typically don't add in time to account for this type of risk. If it happens, it could easily add another year or more to your total case processing time.)
STEP 7: Add in additional processing time if you are doing the case yourself, as you will need to research and prepare each step as it occurs. At our firm we work ahead because we're intimately familiar with each step in the process and know what to expect, so we don't add additional time to our estimates for this factors. DIYers probable should in order to have a realistic estimate.
Keep in mind that other factors can increase your wait, including: taking a long time to get your documents together before starting, time spent correcting mistakes made on different submissions, responding to Requests for Evidence (RFEs), and political or bureaucracy issues outside of you and your attorney's control.
How Long will My Fiance Visa Case Take?
Fiancé visa case processing times are more difficult to predict because these cases involve multiple steps with multiple offices and vary widely. The total processing time will include the I-129F processing with USCIS + time with the National Visa Center + waiting for an interview appointment at the U.S. Embassy + travel into the U.S. and marriage + getting your marriage certificate + adjustment of status application preparation and processing time.
Let's break this down further: STEP 1. You can see the current I-129F processing times on the USCIS website. Just select I-129F and the Service Center your case is being processed at. (Add this time to your calculation)
Click here to check processing times on the USCIS website
STEP 2. It usually takes at least a month for the file to move from USCIS to the NVC to be sent to the Embassy. Major geopolitical issues or Embassy backlogs will cause the NVC to sit on your file until the Embassy is ready for you (Add time to your calculation.)
STEP 3: Figure out how long the wait times are currently for an appointment at the U.S. Embassy abroad that will be doing the interview. We usually estimate this based on our knowledge of recent cases our firm has handled in your country. You might also be able to get a sense of this from chatting with others in our Facebook group or other online groups. (Add this time to your calculation.)
STEP 4: Are you planning to travel to the U.S. immediately upon receiving your visa? Or will you have some things to take care of first? (Add time based on your personal plans for this.)
STEP 5: Are you planning to marry immediately when you arrive in the U.S. or wait until closer to the end of your 90-day stay? (Add time based on your personal plans for this.)
STEP 6: Figure out how long it will take to receive an official certified copy of your marriage certificate after the wedding. This varies by locality. It might be worth asking ahead of time how quickly you can get it done because most places aren't in a hurry to process these. (Add time based on what you find out about the local clerk's office where you will be getting married.)
STEP 7: Will you prepare your adjustment of status application ahead of time so you can file as soon as you get your marriage certificate? Or will it take more time? (Add time based on your personal plans for this.)
STEP 8: Check the current processing times for USCIS for adjustment of status cases. Go to the same USCIS link listed above, but this time, select I-485 and the Field Office in the city closest to where the immigrant spouse lives.
STEP 9: Add in additional processing time if you are doing the case yourself, as you will need to research and prepare each step as it occurs. At our firm we work ahead because we're intimately familiar with each step in the process and know what to expect, so we don't add additional time to our estimates for this factors. DIYers probably should add time in order to have a realistic estimate.
Keep in mind that other factors can increase your wait, including: taking a long time to get your documents together before starting, time spent correcting mistakes made on different submissions, responding to Requests for Evidence (RFEs), and political or bureaucracy issues outside of you and your attorney's control.
How Long will My Removal of Conditions Case Take?
Removal of conditions cases are one of the easiest case types to predict because they involve a single filing with a single office. You can see the current general processing ranges for adjustment of status cases on the USCIS website. Just select I751 and the Service Center your case is being processed at.
Keep in mind that other factors can increase your wait, including: taking a long time to get your documents together, correcting mistakes made on the initial application, responding to Requests for Evidence (RFEs), and political or bureaucracy issues outside of you and your attorney's control. Sometimes removal of conditions cases with waivers take longer than jointly filed cases, and sometimes they are quicker.
Filing for naturalization (if you qualify) while your removal of conditions is pending moves the file from a Service Center to a Field Office and usually moves things along faster.
How Long will My Naturalization Case Take?
Naturalization cases are one of the easiest case types to predict because they involve a single filing with a single office. You can see the current general processing ranges for adjustment of status cases on the USCIS website. Just select N400 and the USCIS Field Office in the city closest to where the immigrant spouse lives.
Keep in mind that other factors can increase your wait, including: taking a long time to get your documents together, correcting mistakes made on the initial application, responding to Requests for Evidence (RFEs), and political or bureaucracy issues outside of you and your attorney's control.
How Can We Help You?
If you'd like an attorney to guide you through your immigration process so you don't have to worry about all these details, click the button below to schedule a consult. Or head back to the main resource page if you're still in research mode.