Given my situation, which visa do I need to apply for?

Hi all,

I've gotten some great answers on expat questions here so I thought I'd throw out another one.  Here's my situation:

- I'm a USC iving over here on an HSMP visa with my unmarried partner who is British
- We plan to marry in January
- We have a little daughter together who has her US passport

Because of a great financial and family opportunity we would like to move to the US in May 2009.  We will be married less than 6 months at that time.

What visa should we apply for? 
Is it called the Immigrant Visa for a Spouse (IR1 or CR1)?
How long does it take?
If it takes more than a year, can my British spouse stay with his family in the US on any other kind of visa while we wait for the one above? 

Even if he has to keep traveling back and forth, we don't care.  We just want to make sure he doesn't spend time away from his daugther...

Any advice is greatly appreciated!

Thanks,

Ziggy

Not too sure if this is what you're looking for, but it is official. Best to go to the horse so to speak.

http://travel.state.gov/visa/immigrants/types/types_2991.html

What visa should we apply for? 

You will need to submit the I-130 for your spouse. Whether this can be done through the DHS unit at the Embassy in London is dependent upon how long you have been in the UK up to that point.

Is it called the Immigrant Visa for a Spouse (IR1 or CR1)?

As you will only have been married for six months it will be the CR1 which means that you will have to 'remove the conditions' just prior to two years after entry on the visa.

How long does it take?

Depends on whether you are eligible to file in the UK or whether you will have to file in the US. If the latter then you can expect to be waiting anywhere from between 8-12 months for the actual visa to be issued. The former can vary between 4-6 months, roughly. These times are just guidelines and should not be taken as gospel.

If it takes more than a year, can my British spouse stay with his family in the US on any other kind of visa while we wait for the one above? 

The VWP can be used, if he is eligible for it, to visit in the interim but it is for visiting alone and is for a maximum of 90 days at a time.

The links in my signature, below, should be a starting point for you if you are intending for your spouse to immigrate.

Other forums you may find helpful are visajourney.com, (which has guides and timelines) diveintoamerica.com and britishexpats.com.

Thanks Tam!  What is the difference btw the I-130 and the CR1?

Also is it worth it to try and get a K-3 visa for the interim? 

It's all so complicated sounding!!!

What is the difference btw the I-130 and the CR1?

There is no 'difference' as such, just the I-130 is the form you, the USC, fill out in order for your spouse to be allowed to apply for the CR1.

Also is it worth it to try and get a K-3 visa for the interim? 

No - don't even go there! It's now practically a redundant process which involves much more paperwork and is no faster at all. It was only ever really good when the I-130 process was much slower.