What should I do if my I-130 petition for my husband has been pending for 3 years?


Q: My husband has been waiting for his green card since 2008. Everything went well during our interview in 2009 and he got his temporary work card. This year in March, we were visited by three immigration officers. They asked us questions and wanted to know where his closet is and where he kept his dirty clothes. Since then we still have not heard anything from CIS. Does it usually take this long?

A: It normally takes about 3-4 months if the petitioner is a U.S. citizen and the alien spouse is in the U.S. seeking to adjust status. The three year wait is clearly excessively long. Obviously CIS does not believe your marriage is bona fide. However, CIS cannot unreasonably withhold its decision for this long. You can file a mandamus action in federal court to compel CIS to make a decision in your case. For details, please consult with an immigration lawyer.