Rubonia, FL Immigration Law Firms & Lawyers

USCIS allows individuals who have filed a timely request for extension to remain in the US until the time that the extension request is adjudicated. Of course, if the time requested is close to expiration and there has not yet been an adjudication, the agency would expect the individual to leave or to submit another application prior to the ending date of the requested extension. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

You may want to seek the advice of an attorney BEFORE you file anything. If the case gets denied you may wind up in removal proceedings at the immigration court.

Average processing time for an I-130 is at about 6 months so it would appear that your application is well within normal time frame. On the issue of how long it will take your spouse to get to the US, that would depend on whether he has any prior or current immigration issues that would create any delay in the overseas processing of his case. Unfortunately, there is not sufficient information in your inquiry to answer that question. Generally, the average processing time on a "clean" case without any issues is between 3-6 months.