Form I-130 Approved, What’s Next?

After waiting a long time, receiving news of an approved Form I-130 can raise more questions about what comes next after this step.

At Lluis Law, our immigration lawyers in Los Angeles are ready to guide you through this new phase. With over 50 years of combined experience, we can help you complete the process correctly and without unnecessary delays. 

Don’t face the immigration system alone; let us guide you through the journey to reuniting with your loved ones.

With Form I-130 approved, what comes next?

After USCIS approves Form I-130, the immigration process typically continues with the following steps:

1# Notice of Action (NOA)

USCIS will send a notification letter officially confirming the form’s approval. 

If your case status is listed as approved online but you have not received a physical notification, you are advised to contact USCIS.

2# Transfer of the case to the National Visa Center (NVC)

Once the petition is approved, USCIS forwards it to the NVC, where preprocessing begins. 

At this stage, the NVC will request fees and documents from both the petitioner and the beneficiary.

3# Case number assignment and NVC welcome letter

Once you complete the initial requirements, the NVC will assign you a case number and send you a welcome letter. 

This document will include detailed instructions for continuing with the immigration process.

4# Payment of fees and preparation for Adjustment of Status or immigrant visa

With your welcome letter in hand, you’ll need to pay any fees required for your visa or adjustment of status process, as applicable.

Afterward, you can begin preparing for your interview with USCIS or the appropriate consulate.

5# Submitting Form DS-260 and I-864 and scheduling the interview

The beneficiary must complete Form DS-260 online and the sponsor must complete Form I-864, Affidavit of Support. 

Once submitted, you will be notified of the date and location of your immigration interview.

If you’ve landed here searching for terms like “My I-130 was approved, what’s next?” or “What happens with an approved I-130?”, you might also be interested in learning how to fill out Form I-130 .

How do I know if my Form I-130 was approved?

To find out if your Form I-130 has been approved by USCIS, you can:

• Visit the USCIS website: Just have your receipt number ready when you access the case status tool. There you can see if your petition has been approved.
• Call USCIS: If you can’t access it online or don’t have your receipt number, you can also call 1-800-375-5283. By providing your information, a representative will be able to inform you of the current status of your case.

Note: If your petition has been approved, both the online tool and USCIS staff will be able to confirm this and provide you with information on the next steps.

How do I know if I can move on to the next step after my I-130 is approved?

Generally, if you are an eligible immediate relative of a U.S. citizen, you may proceed immediately with adjustment of status or consular processing .

However, if you fall into a family preference category (such as F1, F2A, F2B, F3, or F4), you will need to wait until your priority date is current in the Visa Bulletin before you can move forward with the immigration process.

What documents do I need to adjust status after having Form I-130 approved?

If your Form I-130 has already been approved, here are some of the documents typically required to continue the adjustment of status process:

Mandatory forms

• Form I-485, Application to Register Lawful Permanent Residence or Adjust Status.
• Form I-130 (already approved).
• Form I-864, Affidavit of Support.
• Form I-693, USCIS-authorized medical examination.

Personal documents

• Valid passport and copy of its main pages.
• Passport-style photograph.
• Birth certificate and official photo ID.
• Marriage, divorce, or death certificate of the previous spouse.
• Letter of employment or recent pay stubs.
• Tax returns (W-2 or 1099).
• Bank statements or other proof of income.
• Criminal record certificates.
• Certificates of rehabilitation, if any exist.

What can I do if my Form I-130 is rejected?

If USCIS denies your Form I-130, you can appeal the decision by filing Form I-290B within 30 days of notification.

To do so, you can choose one of the two appeal options:

• Administrative Appeal: Filed before the USCIS Administrative Appeals Office (AAO). These appeals are common in cases of family-based or employment-based residency applications.
• Judicial Review: If AAO upholds the denial, it may take the case to a federal court to review USCIS’s decision.

Find out how you can win an immigration appeal on our blog.

What should I know about the 90-Day Rule?

If you entered the US on a single-intent visa (such as a tourist visa or ESTA authorization), you should be careful when applying for residency. 

Filing Form I-485 within the first 90 days of your entry may be considered a violation of your status, as these visas do not permit immigration intent. 

In these cases, it is recommended to wait at least 90 days before beginning the adjustment process. However, if you entered with a dual-intention visa, the rule does not apply, and you can submit your application at any time.

Does approval of Form I-130 mean there is no interview?

Most Form I-130 applications can be approved without an interview. 

This is because everything depends on the circumstances of the case and the decision of the USCIS officer.

In fact, in cases where strong evidence of a family relationship is presented and the beneficiary resides abroad, USCIS may waive the interview.

How long does it take for USCIS to process Form I-130?

Form I-130 processing time varies depending on the family relationship, immigration category, and assigned service center. For example:

• For spouses and minor children of US citizens, the time can range from 5 to 16 months, depending on the center.
• For lawful permanent residents applying for their spouse or minor children, the timeframe can range from 1 week to 26.5 months.
• In the case of adult, married, or sibling children, the time periods are much longer, reaching up to 10 years or more.

That said, the time it takes to obtain a visa after approval of the I-130 varies depending on the family category. It can range from a few months for spouses and minor children of US citizens, to several years or more than a decade.

Can I visit the US after I-130 is approved?

Having an approved Form I-130 does not give you immediate entry into the US, as you do not yet have an immigrant visa or legal status. 

Furthermore, if you attempt to enter on a tourist visa while your immigration case is pending, authorities may consider you intending to remain, which may result in denial of entry at the port.

Frequently asked questions about what happens after Form I-130 is approved

Can I petition for my spouse or fiancé(e) using Form I-130?

Form I-130 is only used to file a petition on behalf of your spouse. If you want to bring your fiancé(e) to the United States, you must file Form I-129F with USCIS to apply for a K-1 fiancé(e) visa.

Can I work in the United States with an approved Form I-130?

Approval of Form I-130 does not grant you permission to work. However, if you qualify, you can apply for an Employment Authorization Document (EAD) by filing Form I-765.

Can I file Form I-130 and Form I-485 at the same time?

Yes, you can do so if your relative is in the US and qualifies for adjustment of status. However, this option is not available if the beneficiary is outside the country.

Can my Form I-130 be Denied because I have a criminal record?

Yes, having a criminal record could affect the approval of Form I-130. However, depending on the type of crime and the circumstances, it may be possible to continue the immigration process.

Why contact our immigration attorneys at Lluis Law?

As we’ve seen, knowing what happens after the I-130 is approved is key to avoid mistakes that could delay or jeopardize your case. 

The process continues with new requirements, forms, coordination with the NVC or USCIS, and, in some cases, interview preparation.

At Lluis Law, our Los Angeles immigration attorneys will guide you through every step with personalized attention and the expertise of a well-established legal team with over 50 years of combined experience. 

Contact us today and give your case the legal attention it deserves.