DanielOH

My wife and I have decided to move to the US. I am British and she has dual citizenship with the UK/US. We understand that we have to file an I-130 form, and then an I-1485 form.

My question is this - do we have to complete the entire process in the UK? Or is it possible to file the paperwork here and complete the process in the US?

Really we are looking for the earliest possible date we can fly out on a one way ticket.

I ask as we are looking to leave in the next 2/3 months. We have already started to fill out the papers and gather the supporting documents and should have everything submit within a week.

Thank You!

BunnyGirl

Not exactly. Your wife needs to file the I-130 to London (instead of Chicago) - this is commonly referred to as DCF (Direct Consular Filing) and is generally much quicker than filing to the US.

You can ONLY complete the process in the UK. After filing the I-130 and it's approved, you (as the UKC) will then apply for the visa and have to attend both a medical and interview in London. Your CR/IR1 visa (depending on the length of your marriage) means that you'll become a Permanent Resident as soon as you land in the US and will receive your Green Card in the mail a few weeks later. There is no adjustment of status needed via this route.

Realistically this isn't going to happen. Even though DCF is usually much faster than filing to Chicago, you'll still be looking at about 4-6 months before you'll be able to travel. Your wife can obviously return to the US at any time, and you shouldn't be too far behind her

civilservant

Yeah, 2/3 months isn't going to happen. You're looking at October.

DanielOH

Thanks for the info, that's really helpful!

One question... on the USCIS and other websites, it mentions applying for a green-card whilst inside the US. This seems to be the preferred option. Is this not possible then?

We need to go to the US June/July time anyway for family reasons, so I was hoping that we could complete the visa process whilst there.

civilservant

It is illegal to enter the US as a visitor with the intention to Adjust Status Permanent Resident. Doing this runs the very real risk of it being refused and you being deported and banned.

Don't do that.

The route you are reading about is for the K1, where someone entered with a fiancee visa and then got married, or for someone who decides to marry )and did not enter with that intent) while they are visiting.

FYI - A visa is an ENTRY document, you cannot obtain one inside the US.

ian-mstm

Your understanding is incorrect. Your USC wife files the I-130 directly to the US Consular Service in London, and once that's approved, you apply for an immigrant visa. There is no I-485 for you - that is only for people adjusting status within the US... and you won't be doing that.


You, not she, will be completing the process - but yes, you must do it in the UK.


That is not an option for you.


Your USC wife can leave the UK at any time after submitting the I-130. You, OTOH, can't move to the US until such time as you have an immigrant visa in your passport. If you're looking for the earliest date you can both fly together... you're looking at sometime in October/November.


That's simply not going to happen, and is an unrealistic expectation.


That's for people who are already in the US and need to adjust status. That is not your situation.


No - and, as you already know, it is illegal to enter the US as a visitor with the intent to stay.


You can visit in June/July, not a problem. You won't be moving, however, until such time as you have an immigrant visa in your passport.

Ian