Immigrate to USA

Old Aug 22nd 2017, 4:09 pm
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Default Immigrate to USA

Hello there,

I am a British citizen residing here with my wife and 4 children. My wife is a US citizen and our children all have US citizenship. We want to move to the US. Does my wife need to file an I-130 form or is there another way?

Thank you
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Old Aug 22nd 2017, 4:38 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
Hello there,

I am a British citizen residing here with my wife and 4 children. My wife is a US citizen and our children all have US citizenship. We want to move to the US. Does my wife need to file an I-130 form or is there another way?

Thank you
Yes, she needs to complete an I-130 and include whatever the instructions ask for. Since she lives in the UK, the I-130 can be filled directly to the USCIS field officer in London. Research "DCF" (Direct Consular filing).

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Old Aug 22nd 2017, 4:41 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
... our children all have US citizenship.
The children must have US passports to travel.


Does my wife need to file an I-130 form...
Yes. Immigration is a 2-step process. First, your USC spouse files an I-130 petition. Once the petition is approved, you then apply for an immigrant visa.


... or is there another way?
There are other ways... but not if you want to immigrate on the basis that your wife is a US citizen.

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Old Aug 22nd 2017, 5:01 pm
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Default Re: Immigrate to USA

Beware of the oft-repeated lie that just moving to the US then filing the paperwork in the US is an easy and risk-free route to joining your USC spouse in the US, because it isn't. It creates expense, uncertainty, an extended period during which you cannot work and are landlocked in the US, and things can blow up in an ugly way that could see you deported and banned from returning to the US for a period of years. Some people get away with it, but not everyone does.
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Old Aug 22nd 2017, 5:57 pm
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Default Re: Immigrate to USA

Thank you for your help

Will there be any issues if I take my family to the States and then come back? Then my wife will start the petition from there while I am back in the UK. We know it can take some months to complete the process but we can live with that.
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Old Aug 22nd 2017, 6:03 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
.... Will there be any issues if I take my family to the States and then come back? Then my wife will start the petition from there while I am back in the UK. We know it can take some months to complete the process but we can live with that.
It will be 2-4 months faster if your wife starts the process before she leaves the UK, because she can make a "direct consular filing" (DCF) to the US consulate in London.

Once the process has started you can take your family to the US, then come back to the UK to complete the visa process.

Last edited by Pulaski; Aug 22nd 2017 at 6:39 pm.
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Old Aug 22nd 2017, 6:33 pm
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Default Re: Immigrate to USA

Pulaski is right. She should file the I-130 while still living in the UK. Once the I-130 fee has been taken by USCIS, you can all go to the USA, leave the wife and kids there, and you return to the UK to finish the visa process.

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Old Aug 23rd 2017, 6:17 pm
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Default Re: Immigrate to USA

Thank you all for your help and advice.

Is this a bad idea?: Submit the I-130 to London, take family to America on Sep 7th (where they will stay with in-laws), I will come back a few days later and wait for visa.
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Old Aug 23rd 2017, 6:20 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
Is this a bad idea
No.

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Old Aug 23rd 2017, 7:36 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
Thank you all for your help and advice.

Is this a bad idea?: Submit the I-130 to London, take family to America on Sep 7th (where they will stay with in-laws), I will come back a few days later and wait for visa.
Sounds like a great plan to me. Just make sure the I-130 fee has been processed before leaving the UK. This is what determines that London has accepted the petition.

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Old Aug 23rd 2017, 11:58 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
.... Is this a bad idea?: Submit the I-130 to London, take family to America on Sep 7th (where they will stay with in-laws), I will come back a few days later and wait for visa.
I agree with Ian (it's not a bad plan), and Noorah (it's a great plan).
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Old Aug 24th 2017, 3:58 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
Thank you all for your help and advice.

Is this a bad idea?: Submit the I-130 to London, take family to America on Sep 7th (where they will stay with in-laws), I will come back a few days later and wait for visa.
You'll be in something of a "best of both worlds" situation. By your wife filing the I-130 with the London consulate, you cut several months off the total time of the process, but as she will have moved to the US well before your visa interview she will be in a good position to establish income for the I-864 plus she will have re-established domicile in the US which deals with that issue.
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Old Jan 15th 2018, 5:21 pm
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Default Re: Immigrate to USA

Hi,

Just wanted to give an update on what is happening.

I too my family to the US in early September and came back after spending a week there in Florida with them.

I had my visa medical in November and got an email from the medical doctors stating that I meet the US vaccine requirements. I had my visa interview on the 12th December but the interviewer said I do not meet the vaccine requirements and denied me the visa! I showed him the email from the doctors and he phoned them but still denied the visa. He said I could either get the vaccines or apply for a waiver.

Based on my beliefs I applied for a waiver. After researching the waiver and discovering that that it will add at least another 4 months onto the process plus 930$ to apply for the waiver I have now reluctantly had the vaccines. Over the last 4 weeks I have contacted the embassy 3 times through the contact form but had no reply. The doctors are waiting for the medical to be sent back to them so they can update it with the vaccines I have had.

If anyone knows someone at the embassy then please give them a nudge!
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Old Jan 15th 2018, 5:52 pm
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Default Re: Immigrate to USA

I don't think your visa was actually denied. More likely the approval was put on hold until the vaccination information gets updated.

I doubt anyone here has direct contact with the embassy...seems like only immigration attorneys have that kind of inside information.

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Old Jan 15th 2018, 7:23 pm
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Default Re: Immigrate to USA

Originally Posted by futureisbright
Over the last 4 weeks I have contacted the embassy 3 times through the contact form but had no reply. The doctors are waiting for the medical to be sent back to them so they can update it with the vaccines I have had.
The US Embassy has just moved from Grosvenor Square to Battersea so that might explain why you've had no response. As that move is now complete it might be worth trying the form one more time before escalating. You could try asking your wife to contact her senator: sometimes a nudge from them can get things moving.
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