Do you mean 1 year from the initial I-130 application date to the actual AIT interview date?
Or 1 year between the I-130 approval to the AIT interview date?
Between the approval and the interview date.
Again, this is anecdotal. Itās just based on a couple of cases I heard of in 2024.
I see, got it. Thatās much longer than I expected!
We are already married, so unfortunately the K1 visa wonāt work. We have a kid together who was born in Taiwan, but the kid gets automatic US citizenship because I am a US citizen. So I donāt think we need a K-2.
Thanks for asking though! Appreciate it.
So thereās no married couple version of k1 or k2 visa? Only option is wait for the interview?
There is the K-3. But you have to already be living in the US to apply for it, and average wait time is 8 months.
The conundrum is that Iām currently employed in Taiwan, so I canāt move to the US until I get my official job offer for the new US-based role.
I asked my employer if they can help with the Spousal visa, but surprisingly they said no. They can only help my own visa (but I donāt need one). They canāt help my spouse since sheās not the one they are employee. Sounds very weird to me, but thatās what they are saying. Iāll keep pushing though.
That seems broken. You would think marriage fraud would be a bigger problem with fiancee visa.
Companies arenāt going to get visas for non employees, I donāt think they can legally do so. Unless they hire your wife then use h1b or l1 thereās not a whole lot your company can do.
I donāt think an immigration lawyer can expedite things, timing is on the us government. In my opinion an immigration lawyer is only helpful if your wife has a high chance of not getting approved, like for example if she overstayed in the past, lied to immigration authorities, or some such thing. I doubt any of this applies to your wife and I would say once youāve waited your turn youāre almost certain to get approved. AIT seems very free about approval.
Yeah, I think we should get our I-130 approval in the next couple months. What Iām worried about is how long we need to wait for the actual AIT interview. I wonder if that part can be expedited by a lawyer, if a job offer letter is enough justification for expediting.
if a job offer letter is enough justification for expediting.
It was in my case in 2022, so good luck!
My wifeās I-130 was approved, but the financial support document ended up needing several revisions (my mistake) which each took months on end to go through a cycle before I submitted the expedition request
It took us about 6 weeks total from the initial I-130 filing to green card approval and visa issue, including document gathering, interviews, and health checks. We petitioned the AIT to accept a local I-130 filing which I believe greatly expedited the process.
If you are able to, I highly recommend this option.
Wow! How did you petition directly with AIT for a local I-130 filing? My lawyer never mentioned that this was even an option.
I suppose you could ask ait but I never heard a local filing was possible. I thought everything went through national visa center.
See the FAQ here: Technical Difficulties
In this case I provided an employment offer letter for a position in the US.
I checked the link you sent, but that FAQ doesnāt have any info on how a job offer allows you to expedite your I-130? If you have any additional info Iād greatly appreciate it, thank you!
I think you have to request it via USCIS and they forward it onto AIT who will approve or deny it themselves.
I think youāre looking to expedite for severe financial loss
Ah got it, thank you!
Do not go through USCIS for anything.
Email VisaIV-AIT@state.gov with your request for I-130 filing including the phrase āexceptional cirumstancesā. Include:
- Form I-130
- Form I-130A
- Your US passport.
- Your Taiwan passport if you have one, otherwise ARC.
- Your spouseās Taiwan passport.
- Your marriage certificate.
- Your household registration if you have one.
- Proof of exceptional circumstances (job offer letter, etc.).
Ah thank you!! The tricky thing is that I already have a I-130 petition that I filed for my wife a year ago via USCIS, before I had this job offer in the US come up.
Did you use a lawyer for your I-130 filing? If so, do you happen to still have his/her contact info?
Thank you so much again!
No need for a lawyer, just message me if you have any questions about the process. Get that email out to AIT ASAP, although I have a feeling since youāre already established with USCIS they may not touch the case. A job offer requiring quick return to the US is a valid reason for consular processing usually.
Thatās a pretty bold statement telling everyone to skip USCIS. Can you kindly prove that statement? The process is tedious enough. If this is not 100% true it should be removed immediately.