lredwoman

Hello,

I am new to this forum but in a bit of desperate straights. I live in London and filed an I-130 petition with the London Embassy last month for my husband. At the time of filing the website said they were processing the petitions in about two weeks, but now they are saying 4 months. I have a job that starts in New York in September and we really do not want to be apart and we also want my husband to be able to work shortly after I would need to go. I did some research on this site and others that said there were options for us to stay together while the petition and following immigration visa were pending (filing an I-129F and then a I-765 for him to work); however, I have just gotten off the phone with the embassy visa people and they said I cannot go any other route because I am now in London and filed from here? She said we just have to wait and it may take longer because its summer.

Is that true? Everything I read yesterday (the LIFE Act, etc...) seemed to the contrary? Should I cancel the I-130 and file an I-129F in the US? Does anyone have any advice or experience with this?

We spent 5 years apart before we were able to be together and really do not want to have to go through that again!!!

Thanks,
Laura Redman

Noorah101

Hi Laura,

The I-129F would be for a K-3 visa, and the I-129F would need to be filed in the USA, along with the NOA from the I-130 which has been filed in the USA. I have not heard of anyone doing this before in a case like yours, since you are filing DCF directly in London. Besides which, it would take just as long, or longer, than 4 months to get the K-3 anyway...so DCF is still your best and fastest route. Even if you could go the K-3 route, and he were to enter the USA with a K-3, he would then have to apply for work authorization, which in itself takes a good 90+ days to receive. So you wouldn't be saving any time nor expediting his work approval by doing a K-3.

Sounds like you just need to wait this one out. London slows down during the summer months. It might mean you need to move to USA to start your job ahead of him, while he waits for his visa...but it most likely won't be a very long wait apart. Who knows, London maybe move faster than what they said, and he might have his visa by September, or pretty soon thereafter.

Best Wishes,
Rene

meauxna

Laura,
first, don't believe everything you see posted on London's site about processing timelines. Many people find that reality is different.

First, you need your petition approved. You'll get notice of that by way of a postcard, I believe. Then your husband will apply for his visa. This is where things will slow down. It's always a good idea to givbe about a six month headstart on any immigrant visa application, and you may have left it a bit short.

You are already on the fastest path there is; filing petitions in the US will certainly be slower than the place in line that you already have. What was it in the LIFE Act that makes you think you're not in the right line?

scrubbedexpat099

She is in London so it would a queue, not a line.

But by far the shortest queue going.

I thought it took more than 2 weeks to get an appointment for a visa, never mind go through the whole immigration process.

You can have a look on www.visajourney.com, DCF section and Timelines would help you.

Elvira

"desperate straights" eh....

meauxna

Ooh, i had that verb problem last week...

Anyway, I'm waiting until that whole "English is the official language" thingie goes through before I make the switch.

lredwoman

Thanks very much everyone. Although it may mean a short while apart, I am happy to know that we are following the right path (and the fastest)....phew. A closer read of the LIFE Act proved that it was talking about people already in the US. I am returning to the US by choice (thus making us have time apart) rather than already being in the US and him having to return here while the visa is processed.

Lets just hope there aren't too many people from the Embassy out there enjoying this sunny weather (yes in London!!) and instead are getting to work on our application.

Thanks again!!

Laura