[blantonnick]

I understand that it would be great to obtain an IR-1 Visa for my wife when I am over in the UK before we move to the States. However, under time constraints we may need to relocate sooner than the IR-1 application process would take to complete...What options would I then have if this is the case?

[sunflwrgrl13]

Originally Posted by blantonnick I understand that it would be great to obtain an IR-1 Visa for my wife when I am over in the UK before we move to the States. However, under time constraints we may need to relocate sooner than the IR-1 application process would take to complete...What options would I then have if this is the case?

You should move your question to the Marriage-based visa forum. Will get better answers there.

I've not read your other posts, so don't know your history. What is your status in the UK? Are you a UK cit, or have you been living in the UK for longer than 6months? If so, then you can apply for the IR-1 visa at the consulate (on this forum, we call this Direct Consular Filing or DCF). If you qualify for this, then all you need to do is file the I-130 to get the process started. You, do not need to stay in the UK until she gets the visa. You can move over ahead of her to get everything sorted. This would actually go in your favor since part of the IR-1 process requires the USC to prove their intent to re-domicile in the US.

Your wife cannot enter the US with the intent to stay here and adjust status. Therefore, there are no other options except that your wife must have a spousal visa (or other valid visa) in order to live with you to the US. You'd be a fool to consider any other visa though, since those will take far, far longer for her to get than the IR-1.

[ian-mstm]

Originally Posted by blantonnick What options would I then have if this is the case?

There are no options. She *must* have the visa prior to moving to the US. The US government doesn't care about your "time constraints".

Ian

[Noorah101]

Originally Posted by blantonnick I understand that it would be great to obtain an IR-1 Visa for my wife when I am over in the UK before we move to the States. However, under time constraints we may need to relocate sooner than the IR-1 application process would take to complete...What options would I then have if this is the case?

As soon as you file the I-130 in the UK, your part of the process is done. You can come to the USA right after filing the I-130. Your wife must have the Immigrant Visa in hand before she can move permanently to the USA. She might be able to come visit the USA on the VWP while waiting, but she would have to return to the UK for her Immigrant Visa interview and medical appointment. And since the whole DCF process only takes between 4 to 6 months, there's not a lot of time for a trip to the USA in the middle of it all.

Rene

[BritishGuy36]

Originally Posted by Noorah101 Your wife must have the Immigrant Visa in hand before she can move permanently to the USA. She might be able to come visit the USA on the VWP while waiting, but she would have to return to the UK for her Immigrant Visa interview and medical appointment.

Just to add for the OP's benefit that your wife could NOT work while in the US on the VWP. Also, a pending I-130 could result in a denial of VWP entry for your wife, as she could be considered to be a risk of not leaving. It probably wouldn't happen that way, but it's definitely possible.

Originally Posted by blantonnick I understand that it would be great to obtain an IR-1 Visa for my wife when I am over in the UK before we move to the States.

It wouldn't be 'great' (as in you think you have a choice) - it's mandatory. Your comments in this and other threads lead me to think that you aren't giving this immigration process the seriousness it demands. You need to snap out of this nonchalant attitude and get with the program before it leads you to a poor choice of actions, and gets your wife barred or deported from the USA. Remember, her being married to you confers zero rights to her as far as USCIS is concerned.

As Ian said, your situation means jack to the US government. You need to understand that the USA is the hardest country in the world to get into legally. You're very lucky - you've got the best possible way to get your wife there - an IR-1 visa leading to an unconditional green card. Don't mess the US goverment about - you'll regret it. Play by the rules and you'll be ok.

[JAJ]

Originally Posted by BritishGuy36 You need to understand that the USA is the hardest country in the world to get into legally.

I'm sure there are harder countries (to immigrate to) out there, although not necessarily as desirable.