STEP 5: Initial USCIS Processing

Once you have submitted the I-130 petition package to the USCIS, it will undergo initial processing. During initial processing, the USCIS determines if it meets the minimum requirements for acceptance, including enclosure of check for proper fee amount and other preliminary matters. If your petition meets these criteria the USCIS will send you a receipt notice indicating that your petition has been accepted. Conversely, if you petition does not meet the initial screening criteria the USCIS will send you a rejection notice indicating why the petition was rejected.

It usually takes the USCIS about 30-60 days to process a case and issue and mail a rejection or receipt notice so don't worry if you haven't received anything in this time frame. However, it is important to confirm that the petition was actually received through package tracking with a private courier or a USPS return receipt.

Assuming the petition is accepted for filing, the USCIS will continue processing the petition. If the USCIS determines that some required evidence is missing it will issue a request for the missing documents called a Request for Additional Evidence. It is very important that you respond to any RFE which is issued in a timely fashion.

If no RFEs are issued or after the USCIS has received your response to any RFEs and the petition is complete it will adjudicate the petition. This means that the petition will either be approved or denied. If the petition is denied you will receive a notice indicated the reasons for the denial. If the petition is approved you will receive an approval notice and your case will be forwarded to the National Visa Center for further processing.