In general, I tell people to expect about five months for an R-1 petition to be granted.   This number has stayed pretty much the same over the past number of years.  Sometimes it is taking longer, sometimes it goes more quickly, but usually not much quicker or much longer.   On the other hand, I have had some that have disappeared into the depths of the USCIS and have taken more than a year — but, fortunately, that seldom happens.  Sometimes, if the petitioner has had a large number of these petitions approved, it might go as quickly as two or three months, but that is rare — even if the petitioner is a frequent petitioner.   Just to be clear, there is no “category” known as “frequent petitioner”.  It is just that a petitioner who frequently gets R-1 petitions approved sometimes gets favorable consideration.

Now, remember that this is just five months from filing to approval.   This doesn’t count the time it takes to prepare an R petition — usually at least two weeks, and often three or four.  Also, if the USCIS sends out a Request for Evidence, that could stretch out the processing by up to three months or more.

Also, remember that this “about five months” is just until the approval of the petition.   If you are here in the US you will receive the R status at that time.  If you are out of the US, you will need to apply for an R-1 visa at your local embassy or consulate before you can come to the US.  At most embassies and consulates this only takes a few weeks, but at a busier location it could take longer.   If you are Canadian, you can simply come to the border with your petition approval notice, so there is no extra delay for Canadians.

Finally, remember that if the petitioner has had a successful site visit, your petition might qualify for “premium processing”.   If that goes well, you should have your approval in 15 days.   I will have more information about “Premium Processing” next week.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consulate an attorney if you think any of this may apply to your situation.

Gunnar Armstrong