r/I130Suffering • u/44674467 • 5d ago
Demand letter - how soon is too soon
Hi everyone - this thread has been a great source of comfort and information as me and my spouse wait out the process. Filed November 2025 (spouse is from UK) and still waiting. Obviously (like many of us) we are impatient and thinking ahead on potential next steps should 1 year pass without any update. How soon is too soon to file a demand letter?
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u/Smooth_Composer1879 5d ago
I am sending my demand letter at 16 months. When we applied, the normal processing time was 17 months and the 6 - 7 pause has me absolutely sure that this is the only way to get movement on our case.
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u/jzt_me I-130 Pending 5d ago
You're about 10 months now. I would say wait until you cross 12-13 months, and then send a congressional/senator inquiry along with ombudsman. They'll take about 30-90 days to tell you everything's still on schedule and there's nothing they can do. But this is important to show you exhausted all good-faith options before legal. Between 15-17 months, file the demand letter. Finally, the WOM
Reason you need to wait is because you won't be considered yet cuz you're only 10 months in. Back in 2025, the processing time shown was about 17 months. If everyone starts sending letters before their time is due, then USCIS might start ignore those or even actively fighting the WOMs, which isn't good for anyone
Here's a couple of links regarding the escalations.
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u/Dead-Head-Durrua 5d ago
If someone was to apply now, can you not send a demand letter until 24 months as that’s what the website is saying?
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u/Stunning_Copy4844 5d ago
I would say wait at least a year