Wait time for an American filing an I-130 for a spouse?

Question

Sorry. I'm reposting in this category because it is hard to get serious, knowledgeable responses in the immigration category.

Does anyone know how long will it take to get the residence visa assuming all the paperwork is in order?

Also. My husband has a tourist visa to visit the US and will use it this summer to join us after I move back. Would it be better to wait to file the I-130 along with a change in status form from a tourist visa to a residence visa, or would it be better to file the I-130 to be processed through the US embassy in his home country? He will be living with us anyway caring for our daughter, but I don't want to do anything the wrong way. I want to do everything by the book. However, as I start filling out the I-130, I see it seems like it is assumed the spouse is already in the US and you actually have to make a point of informing them that he is not. I don't want him coming on false pretenses, but I want to do what will be easiest and cost the least.

Answer 1

Very interesting scenario.  

Don't know the correct answer but because of experience i would say that if it was me i would have him use his tourist visa and then once united  in the US then file the I-130.  In my case she didn't have the tourist visa and i decided to "do the right thing" and go for the i-130.  But  when i noticed the length of the process(in her country the amount of cases doing so was immense so to the wait for the final interview was 2 years) i tried to have her go for a tourist visa and she would not qualify for one because we had started the other process first.  Tourist visa means the person will return to their country and its difficult to prove that when you have already shown your intents of moving to the US.

I'm afraid that in your case maybe his current visa could be revoked because of the same reasons and then you could end up separated until the process goes through.  Believe me we have been separated for 2 years now, and its difficult.  Luckily for me we have the app. schedule next week and that will end our saga.

Hope i was of any help.