US immigration hellpp...

Hi all,

Just found this forum, and was hoping someone might be able to help me...  I'm a British Citizen and recently (1month 13days ago) got married to my US Citizen wife.  She came back with me on a 6-month visitors waiver, and now we're applying for me to go back there with her.  My main concern is the timeline to do this...  Here's our situation:

- I'm working in the UK for a US company who has offered me a position at their US office (so I have work)

- I have a friend who is a US citizen and is willing to sponsor me (for the 125% poverty level thing)

- I've known my wife for over 9 yrs, and we were engaged for almost a year when we got married, and I was over in the US for 6 months last year living with her (went there on two 3-month visas!) - and no, I wasnt working, illegally or otherwise!

We will be applying for the petition (I-130) at the Californian office.

So, what sort of timelines can I expect, assuming all the applications are correct and in order, the fees are correct and the supporting evidence is correct?  We also have proof of joint bank accounts, and she is being supported by me at the moment...

Any advice, help, etc, would be much appreciated!

Thanks!

S.

If you are both currently living in England you would submit your I-130 to London, not California... but perhap I'm missing something and one of you lives in the States? If you *are* both here then folloe the guidelines in the "Comprehensive Timelines for DCF Filing" thread and from submission to interview it is about 3 months (or has been for most of us). Sorry if that doesn't answer your question!

Hi!

Jemima's right - because my wife is here on the 6month thing we cant file at the US consulate!  How would we go about getting her a UK visa so we could file here, and how long would that take?  I assume she'd have to return to the US then come back again with a "Leave to Enter" stamp as a wife?  We'd prefer not to be seperated if at all possible...

Thanks!

S.

Your wife can fly into NYC, LA, or Chicago and apply for her spousal visa at any of those consulates.  She'll need to book an appointment online for the NYC consulate.  It only takes a couple of hours (and a hefty fee!), but it's relatively painless.  Good luck!

Thanks again!

Just looking at the britainusa.com information about the British consulate in NYC, and it mentions that they only cover particular states (mainly east coast).  Since my wife is a resident of California, is that a problem?

Also, once she has the "Leave to Enter" stamp, doesnt she then need a "Leave to Remain" stamp before the US Consulate in London will allow her to file here?  If so, how long does it take (and what's the process) to get that??

Thanks for all this help - I have no idea why I didnt look for a forum like this before!

S.

Thanks again!

Just looking at the britainusa.com information about the British consulate in NYC, and it mentions that they only cover particular states (mainly east coast).  Since my wife is a resident of California, is that a problem?

I agree with Jemima...I'm pretty sure they'll process her as a courtesy, though it wouldn't hurt to call and ask first.

Also, once she has the "Leave to Enter" stamp, doesnt she then need a "Leave to Remain" stamp before the US Consulate in London will allow her to file here?  If so, how long does it take (and what's the process) to get that??

The spousal visa is leave to enter and leave to remain all in one.  Actually, it's Further leave to remain (2 years).  So the next step is applying for Indefinite leave to remain once she's been in the UK for two years.

Hope that helps!    

cool!  So I assume that the FLR is good enough for her to apply for the I-130 at the US Consulate in London?

Wow, how comes it's SO easy to come here, but SO difficult to go there?!  A country with so much resources and money should be able to expand to accomodate the requirements.  Dont they realise how much suffering it puts the US citizen through to have to be seperated from their spouse?  I know they want to make sure everything is legitimate, but they could at least work to reduce the timelines!

Anyway....  Has anyone had any experience with the K3 visa - the "new" visa that allows you to get to the US (and work) whilst your I-130 is pending...?  I've heard that the processing time for this can be almost as long anyway...

Thanks again!

S.

cool!  So I assume that the FLR is good enough for her to apply for the I-130 at the US Consulate in London?

I would assume so.  Does anyone have any first-hand knowledge of this?

According to the usembassy website, it says you need:

- photocopy of the leave to remain stamp in the petitoner's passport (must also include photo page of U.S. passport)

It says nothing about Further Leave to Remain...  I hope they dont need you to be a UK resident for 2 years!

Thanks!

S.

I have friends who had no problems doing DCF with just a LTE stamp.  However, there are lots of points of view on this, and I think the best thing to do is for the USC to write to the USCIS in London outlining your plan, and asking if they will accept the petition.  There aren't any legal reasons for the consulate not to accept a petition from any US citizen, and I believe their rules are just for volume control reasons.  They might as for some further proof of her UK residency, such as her name on a utility bill (not sure if you could pull this off without any delays, or how it would square with her current visitor status).

Sorry Jemima - I missed this!  When you say LTE, I assume you mean the LTE stamp you get when you're here on the 6-month visitor pass?  If so, how did your friends get around the LTR/FLR requirement??

Thanks!

S.

Hi Emmy,

I think there might be another way you could apply for your green card, but I'm not 100 percent positive if this is correct. 

We have some friends, husband English, wife American.  The English guy got a transfer to the US with his company and was there on a work visa.  Then they got married in the US and afterwards, they applied for his green card.  I think it takes approximately 18 months when you apply in the US and there are restrictions on travelling out of the US during the process.  (This was a concern for our friends.)

I don't know if this is feasible alternative.  But I think it would be worth checking out, especially if your company is offering you a transfer anyway and could sponsor your work visa.   My husband's work visa was valid for three years.  Then you could get married in the US and subsequently, your wife can apply for the visa, along with your friend who would be a joint sponsor in the I-864.

Tony and I got married in the US when he was on a work visa, only we then came back to the UK because of a transfer.  Had we stayed, his company would have extended his work visa and I would have then applied for his green card.

Does anybody else know of people who have done this way?  I'd be interested in knowing.  Good luck.

sorry for jumping in so late, and maybe this avenue has been considered, but .... why not have your US company sponsor you for a work visa? Once youre there you should be able to adjust your status based on marriage to a citizen, I think.

I cant comment on the ILR and marriage settlement visa stuff. When I did it the system worked differently. Its my best guess that the embassy will not consider processing applications out of curtesey. They are already bogged down with applications from legal residents in the UK. Its worth checking out but I wouldnt put all your eggs in that basket. The service of DCF IS afterall a priviledge for those US citizens who are genuine long-term residents.  Good luck though and let us know what the embassy says. If it all works out - great!

Best wishes,
Sarah

I was saying that the British consulate in NYC would process his wife's spousal visa application as a courtesy since she's a resident of CA and would normally have to apply at the LA consulate...hope I didn't confuse anyone!   

According to the usembassy website, it says you need:

- photocopy of the leave to remain stamp in the petitoner's passport (must also include photo page of U.S. passport)

It says nothing about Further Leave to Remain...  I hope they dont need you to be a UK resident for 2 years!

Nope, you don't need to be here for 2 years. I think you can apply for I-130 at the US consulate as soon as your wife gets her UK visa.

My wife got hers at the British Consulate in LA and it took just under 3 hours total    As long as you have all the paperwork you need it's a very simple process. 

If you have any questions about either process,(I had my visa interview at the US embassy in London last Friday), I would be happy to help.

Laurie

Lola,

Ahhhhh... I gotcha. And I can confirm that - I lived in NY when I applied for my fiancee visa in LA and it wasnt a problem at all.

Laurie,

Good news then, about not having to have ILR. Great info and thanks.

Kellie,

I think you posted JUST before me so applogies (everyone) for suggesting the work visa thing. hehe. Didnt mean to duplicate suggestions!