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Seeking Tips to Speed I-130 Visa for Spouse

We're in limbo waiting for the next step(s) in the I-130 visa application process. The application I sent (US, now also Italian citizen) for my Italian wife has been accepted but it has been parked, hiding inside the Department of State National Visa Center for almost three months.

We still have at least one more step of setting up an interview at teh Consulate in Naples (chances of that happening before or in August??).

Until the case gets added into their system, we're not sure what can be done to speed things up. We'd like our family living together again in California in time for our children to start elementary school in our neighborhood.

Here's our story:
* My wife came to the U.S. to study after receiving a Fulbright Scholarship, which requires her to return to live in Italy for two years before she can apply for a U.S. resident visa.
* We married in the U.S. and Italy in 2000
* We had two children (born in US but also Italian citizens) while my wife was working on her PhD at Berkeley
* In May 2006, my wife and children moved to Italy to fulfill the Fulbright's two-year obligation
* I maintained my career and our home, as California is where we'd all like to live and grow our family
* In February 2008, after consulting with lawyers and friends, I submitted the I-130 application for U.S. residency
* The two-year obligation is completed and now we'd like to bring everyone home in time for school

We understand it's a heady governmental process, but we've followed the rules and now we feel the process is violating our rights and unnecessarily costing us money.

Is there a family member or friend out there you know, who is working at the State Department, or who has experienced something like we're going through?

As I understand it from lawyers and Fulbrighters, we have to wait out the process and keep following the appropriate path we're on. But there's got to be something we can do.

Tags: Department, Fulbright, I-130, State

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Replies to This Discussion

Permalink Reply by Matteo Fabiano on June 22, 2008 at 7:58pm

Ken, I am sorry I cannot help you directly, but I forwarded your post to a contact that may. I'll let you know.

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Permalink Reply by kenekaplan on June 22, 2008 at 8:50pm

Excellent! Thank you very much.

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Permalink Reply by Consolato Italiano in San Francisco on June 24, 2008 at 9:15pm

Il quesito sul Visto I 130 va posto alle competenti autorita’ americane.

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Permalink Reply by Marco Bini on July 18, 2008 at 8:39am

Ken,

I am in the same boat (I am the one seeking residency in the US). Have you had any luck yet? I read biblical times of 12 to 15 months to get a reply. My Notice of Action recognizing the receipt of the documents is dated June 6th.

Have you tried going personally to the Immigration Office to speed things up?

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Permalink Reply by kenekaplan on July 19, 2008 at 11:13am

Marco,

Thanks for your note. Biblical times indeed! But for many, that time can also keep families apart and cost unnecessary money. Money that could be spent growing the family rather than paying the airlines, phone companies and cost of living in two places. Life could certainly be much worse -- we have our health and great opportunities in our lives -- but the "system" is inefficient, faceless and I hope it will improve.

I have March 2, 2008 as my I-130 receipt date. My case has been at the Department of State for over four months. I called and emailed, and all they can do is "see" my case number and recount the next steps....without actually giving any dates or alternative approaches to speeding up your case.

I'd say 12-15 months is probably right. At the current pace, I do believe the process could get done in eight or as many as 18 months.

I did go to the Immigration Office (USCIS) in San Francisco and had a lame experience. The lesson: everything is a process, which can be denied and discontinued at the discretion of USCIS....so follow their rules and don't give them information until they ask for it...and don't ask questions about dates or ways to expedite your case ("you're one of many thousands of people wanting the same thing").

I have sent letters to my CA senators, after NY Senator Hilary Clinton's office called them and me...thanks to my NY-based friend who contacted Clinton's office. I will contact my senators by phone next week.

All I'd like to do is:

1) just speed the process so that my wife can visit the Consulate in Naples and get her interview completed by the first week in August.

2) or, get my wife in the U.S. and finish the Visa process here, so my kids can return with her and enroll in elementary school

If things don't change in the next week, we'll have my wife come as a tourist, holding a return flight to Italy, holding all of our Visa application documents and a clear intention to return to Italy when her interview appointment is set. Or, she'll return to Italy after 90 days of arriving in the U.S. (tourist visa)...if the immigration officer allows her entry for that long, or at all.

Lawyers have offered a few suggestions, but no one is saying "I can appeal and get your case handled quickly." Suggestions have been: get an H1B visa, which could allow entry & work in the U.S. while the I-130 continues processing. There were a few other "back up" suggestions, but each of them would like be denied since we have the I-130 already in process.

Soon this will all come to pass, but I'd like to find ways to encourage improving the process for others. As it is now, it's ridiculous. The back and forth through mail, waisting time and paper, is unnecessary. Why not turn in all forms and fees at once rather than "please mail only a money order, not the documents now...we will send you a notice when it's time to send in the forms to accompany the fee." In between each step there's a span of 4 to 6 or 8 weeks!

I'm sure there are things I'm not thinking about...other things I should try that might help. So far, friends of friends have been more willing to help than my own government that gets paid by me (for 20 years and counting) and charges me fees for this special service. Ridiculous!

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Permalink Reply by Marco Bini on July 19, 2008 at 12:49pm

Ken,

I went the other way around. I am in the US (my wife is american) and your mail sung a bell in my mind. I just found out that my tourist visa expires at the end of the month!!! Tomorrow I will go to the USCIS here in Los Angeles and seek an extension.

So for your information seeking an extension to the I-94W visa waiver is an option. I don't know if telling them that you I have applied for permanent residency will help accept or deny my request. I will let you know so may help you in the next steps if you choose to have your wife enter with a tourist visa (I-94W).

Of course, not having kids it is easier for us.....you guys cannot plan day by day.

we did the other way around (seeking residency for my american wife) in Italy two years ago and besides the usual italian long lines and confusion it really in retrospect seem to have been a much easier and speedier process.

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Permalink Reply by kenekaplan on July 19, 2008 at 11:34pm

Thank you for checking on the potential impact of asking for an extension! I really appreciate it. And wish you good luck.

I've dealt a little bit with Italian government, and it can get frustrating. But at least I've always felt there were people there empathizing or trying to help. The path we're taking puts everything in the hands of the US, which is reliable but very process oriented.

None of this is probably interesting to anyone until they have to deal with the things we're going through.

Good luck on the extension and next steps ahead of you.

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Permalink Reply by Danny Maco on July 21, 2008 at 4:57pm

Hi Guys,

Sorry to read the things you are struggling through. My wife (Italian) and I also had to navigate these waters. Things did go relatively smoothly, but unfortunately we found the timeline to be excruciating.

If you want another data point, I would recommend calling Georg Yamasaki (415-391-3000) here in SF and just ask if you can run something by him. George is the immigration lawyer we used here. He is fantastic and extremely reasonably priced. Give him a call and tell him that Danny and Barbara Maco mentioned him to you. I am sure he would be happy to share his quick thoughts with you...

best wished in getting this through quickly...

Danny.

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Permalink Reply by kenekaplan on July 21, 2008 at 5:50pm

Nice! Thank you for sharing your story. There's light at the end of the tunnel, I'm just hoping it's around the next dark bend. I appreciate the legal contact.

Best wishes to the Marco's.

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Permalink Reply by Marco Bini on July 21, 2008 at 6:34pm

Yap!

thanks! by the way Ken, for the tourist Visa Waiver extension, it seems to be a fairly straightforward, fairly expensive process. You file online an I-539 form, pay USD 300 for the application and you request an extension of the green I-94 any tourist coming to the USA gets stapled on the passport. I asked to extend my I-94 three months until October 31st. It took a few calls to the USCIS but the people are fairly well prepared and the wait is not too long. I did state in the application that I had submitted a I-130 form. I am waiting for the decision from the Immigration Office. The people will not give you any 'discretional' advice though. Don't ask them to interpret ambiguous questions for you.

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Permalink Reply by Daniele Ghiotti on May 18, 2009 at 2:27pm

Danny, Just followed you advice, called Georg, mentioned "Danny and Barbara Maco" (gee, he remembered you quickly, you must be memorable somehow, for either very good or very bad reasons ;-) and my citizenship is moving forward. Thanks!

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Permalink Reply by BARBARA M. on May 30, 2009 at 6:27pm

ciao Daniele, George is an old school attorney, lots of experience and well known in the city. We like him a lot....I have filled out my citizenship paperwork and will send it soon. Let me know if you cna, how long it will pass before the INS contact you for fingerprints and interview. Ciao Barbara