5 Key Differences In Form 1 Vs Form 4 Wait Time

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The wait time between visa applications can be a significant factor in planning your travel or relocation. Two of the most common forms associated with US immigration are Form I-130 (Petition for Alien Relative) and Form I-526 (Immigrant Petition by Alien Entrepreneur). However, the processing times for these forms can vary significantly.

Understanding the differences in wait times between Form I-130 and Form I-526 can help you plan your application and prepare for the processing period. While both forms are crucial in the US immigration process, their purposes, processing times, and procedures differ.

Here are five key differences in wait times between Form I-130 and Form I-526:

1. Purpose of Each Form

Form I-130, also known as the Petition for Alien Relative, is used by US citizens or permanent residents to sponsor their family members for a green card. This form is typically filed by a US citizen or permanent resident on behalf of a spouse, child, or other family member.

On the other hand, Form I-526 is an Immigrant Petition by Alien Entrepreneur, which is used by foreign nationals who want to invest in a US business and obtain a green card. This form is typically filed by a foreign national who has invested or is planning to invest in a US business.

2. Processing Times

The processing times for Form I-130 and Form I-526 vary significantly. According to the US Citizenship and Immigration Services (USCIS), the processing time for Form I-130 can range from 5 to 10 months, depending on the type of relationship and the workload of the USCIS office handling the petition.

On the other hand, the processing time for Form I-526 is significantly longer, ranging from 29 to 47 months, depending on the complexity of the investment and the workload of the USCIS office handling the petition.

3. Premium Processing

USCIS offers premium processing for certain types of petitions, including Form I-526. Premium processing guarantees that USCIS will process the petition within 15 calendar days, for an additional fee of $1,410.

However, premium processing is not available for Form I-130. Petitioners who file Form I-130 must wait for the regular processing time, which can take several months.

4. Documentation Requirements

The documentation requirements for Form I-130 and Form I-526 also differ significantly. Form I-130 requires documentation such as proof of relationship, proof of citizenship or permanent residence, and proof of income.

On the other hand, Form I-526 requires more complex documentation, including proof of investment, proof of business plan, and proof of job creation.

5. Impact on Visa Wait Times

The wait times for Form I-130 and Form I-526 can have a significant impact on visa wait times. For example, if a US citizen files Form I-130 for a spouse, the spouse may be eligible for a visa interview within a few months.

However, if a foreign national files Form I-526, the wait time for a visa interview can be several years, depending on the priority date and the availability of visas.

In conclusion, while both Form I-130 and Form I-526 are important in the US immigration process, their purposes, processing times, and procedures differ significantly. Understanding these differences can help you plan your application and prepare for the processing period.

We encourage you to share your thoughts and experiences on the differences in wait times between Form I-130 and Form I-526 in the comments section below. If you have any questions or need further clarification, please don't hesitate to ask.