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Any other way?! Help please!

Any other way?! Help please!

Old Feb 5th 2003, 9:29 am
  #1  
Lynda
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Default Any other way?! Help please!

Hello everyone,

I hope somebody is able to advise me. I have done some thorough research and
searched Google groups for my answers, but realise that every case is
different... I don't think it's going to be good news. My US citizen husband
is here in the UK with me - almost at the end of his first year visa and we
need to get back to the US for him to start a new job he has secured.
Here's our story (as briefly as possible);

* He came here on his passport in March 2002
* We got married
* We (and my young son) went to Texas for a month - on my passport
* I came back to UK with my son in April 2002
* Husband applied for UK visa, quickly got it and followed me to UK two
weeks after me
* Been here ever since sorting out some legal issues with my son's father -
now sorted
* Need to get back to the US ASAP as our money is running out!

We have just sent my visa petition and thought we had better check out
timescales... OUCH! Is there anyway I can get to the US without having to
wait all that time? I don't think I'm going to like the answer. I have read
lots of posts and sympathise with everyone who is having to wait so long -
it's so sad :-(

Any guidance on the best way for us to approach this would be appreciated -
for example, I gather that my son and I can go to the US when the petition
is approved and do AOS?

Many thanks in advance for your help.
--
Lynda.
 
Old Feb 5th 2003, 10:51 am
  #2  
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To speed things up you need to download, fill in and post the DS 230 part I application form. You can send this off immediately and they will open a provisional file for you that will be married to your petition once approved. At the same time you can post off the DS2000 (the checklist) provided you have all the documentation in your possession, if not, then you need to make sure you have collected all the obvious ones, birth certificates, divorce certificates etc. If you dont have a police check yet, then that will take up to 40 days and your son will need one if he is over 15 and you also need immunisation records, custody reports and a filled and notorasied affidavit of support. Once you have collected all these together then you can send off the DS 2000 and then wait for an interview date providing the petition gets approved. The DS 230 part II is what you take with you on the day of your interview plus all original copies of your documentation.
I am estimating at the moment that if u post off the petition and the application and the DS2000, at the same time and everything is in order, then you can complete this process in about 2 months...I know someone who did it in 3 but they had to send off missing documents and didnt send off the application straight away. Hope this make sense???

Of course your husband can go to the states ahead of you to start his job but I believe this is the only safe route for you and your son.
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Old Feb 5th 2003, 11:46 am
  #3  
Ticket To Us
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Default Re: Any other way?! Help please!

In article ,
"Lynda" wrote:
    > * He came here on his passport in March 2002
    > * We got married
    > * We (and my young son) went to Texas for a month - on my passport
    > * I came back to UK with my son in April 2002
    > * Husband applied for UK visa, quickly got it and followed me to UK two
    > weeks after me
    > * Been here ever since sorting out some legal issues with my son's father -
    > now sorted
    > * Need to get back to the US ASAP as our money is running out!
    > We have just sent my visa petition and thought we had better check out
    > timescales... OUCH! Is there anyway I can get to the US without having to
    > wait all that time? I don't think I'm going to like the answer. I have read
    > lots of posts and sympathise with everyone who is having to wait so long -
    > it's so sad :-(
    > Any guidance on the best way for us to approach this would be appreciated -
    > for example, I gather that my son and I can go to the US when the petition
    > is approved and do AOS?
    >
Your US spouse can file for a spouse visa and for the child directly at
the US consulate in London:
http://www.usembassy.org.uk/cons_web/visa/iv/immrel.htm
It is likely you could have the visa in two months, give or take.
--
US Ticket
 
Old Feb 5th 2003, 1:21 pm
  #4  
Lynda
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Default Re: Any other way?! Help please!

"TICKET TO US" wrote in message
news:ticket_to_US-B6A2AC.06464305022....bellsouth.net...
    > In article ,
    > "Lynda" wrote:
    > > * He came here on his passport in March 2002
    > > * We got married
    > > * We (and my young son) went to Texas for a month - on my passport
    > > * I came back to UK with my son in April 2002
    > > * Husband applied for UK visa, quickly got it and followed me to UK two
    > > weeks after me
    > > * Been here ever since sorting out some legal issues with my son's
father -
    > > now sorted
    > > * Need to get back to the US ASAP as our money is running out!
    > > We have just sent my visa petition and thought we had better check out
    > > timescales... OUCH! Is there anyway I can get to the US without having
to
    > > wait all that time? I don't think I'm going to like the answer. I have
read
    > > lots of posts and sympathise with everyone who is having to wait so
long -
    > > it's so sad :-(
    > > Any guidance on the best way for us to approach this would be
appreciated -
    > > for example, I gather that my son and I can go to the US when the
petition
    > > is approved and do AOS?
    > >
    > Your US spouse can file for a spouse visa and for the child directly at
    > the US consulate in London:
    > http://www.usembassy.org.uk/cons_web/visa/iv/immrel.htm
    > It is likely you could have the visa in two months, give or take.
    > --
    > US Ticket

Okay thanks - that's not too bad - but... my husband just spoke to the US
Embassy in London (on their extortion line!) and they said that we can only
use the K3 visa application if we are apart - which I didn't realise. They
also said that it would be just as quick to just stick with the I-130
immigrant visa application which is quicker to process in the UK - 3-6
months, than if my husband went back to the US on his own and applied for
the K3 from there.

So, either way, it looks like my husband will have to go back to the US (so
he can work) and I'll have to wait for the immigration visa to be processed.
Bummer :-(

Can I get into the US while I'm waiting on the process - e.g. on visa
waiver? The only thing is, I won't have proof of residence, because if I
can get into the US, I would give up the lease on this rented house.

I really appreciate any feedback - especially when I have just dropped in
here like this and some folks have been around for ages - biding their time
    :-/
--
Lynda.
 
Old Feb 5th 2003, 1:34 pm
  #5  
Lynda
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Posts: n/a
Default Re: Any other way?! Help please!

"northspoon" wrote in message
news:[email protected]...
    > To speed things up you need to download, fill in and post the DS 230
    > part I application form. You can send this off immediately and they will
    > open a provisional file for you that will be married to your petition
    > once approved. At the same time you can post off the DS2000 (the
    > checklist) provided you have all the documentation in your possession,
    > if not, then you need to make sure you have collected all the obvious
    > ones, birth certificates, divorce certificates etc. If you dont have a
    > police check yet, then that will take up to 40 days and your son will
    > need one if he is over 15 and you also need immunisation records,
    > custody reports and a filled and notorasied affidavit of support. Once
    > you have collected all these together then you can send off the DS 2000
    > and then wait for an interview date providing the petition gets
    > approved. The DS 230 part II is what you take with you on the day of
    > your interview plus all original copies of your documentation.
    > I am estimating at the moment that if u post off the petition and the
    > application and the DS2000, at the same time and everything is in order,
    > then you can complete this process in about 2 months...I know someone
    > who did it in 3 but they had to send off missing documents and didnt
    > send off the application straight away. Hope this make sense???
    > Of course your husband can go to the states ahead of you to start his
    > job but I believe this is the only safe route for you and your son.
    > --
    > Posted via http://britishexpats.com

Oh wow - thank you so much for that detailed explanation. It makes perfect
sense and jives with the mess of information we've been looking at on the US
Embassy visa processing site. Except you put it much more clearly and
concisely :-)

I had already posted another reply before I saw your post - ignore that one!
But thanks to 'TICKET TO US' for your info.

At least it's not as bad for me as it is for some folks - I wish you all God
speed with your dealings.
--
Lynda
 
Old Feb 5th 2003, 2:30 pm
  #6  
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Your welcome Lynda
and yes i agree with what the embassy said about the K3 It is a waste of time and money for someone in your position. This is really for people who are married and living apart in different countries, to enable them to minimise their seperation, as an I-130 filed in the states can take from one to two years to complete and a K3 takes about as long as a K1 fiancee visa, which i believe is around 6 to 9 months. The estimated time for a visa processed direct at the US Embassy in London is, as you have said, 3 to 6 months but that is if you wait for the petition to be approved before you apply. As I said before, the way to speed things up is to get the "application" in motion before the "petition" is approved and make sure you get everything correctly filed the first time.
Good luck
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Old Feb 5th 2003, 2:49 pm
  #7  
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FYI - Once your husband has filed in London he doesn't have to stay in the UK. We did our DCF in 72 days so you could probably plan it so you are apart for a minimum amount of time whilst your husband still works

Patrick
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Old Feb 5th 2003, 3:58 pm
  #8  
Grace
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Default Re: Any other way?! Help please!

hi. you can apply form UK embassy after your husband worked there more
than 6 moths. it will works fast. good luck !!!
."Lynda" wrote in message news:...
    > Hello everyone,
    >
    > I hope somebody is able to advise me. I have done some thorough research and
    > searched Google groups for my answers, but realise that every case is
    > different... I don't think it's going to be good news. My US citizen husband
    > is here in the UK with me - almost at the end of his first year visa and we
    > need to get back to the US for him to start a new job he has secured.
    > Here's our story (as briefly as possible);
    >
    > * He came here on his passport in March 2002
    > * We got married
    > * We (and my young son) went to Texas for a month - on my passport
    > * I came back to UK with my son in April 2002
    > * Husband applied for UK visa, quickly got it and followed me to UK two
    > weeks after me
    > * Been here ever since sorting out some legal issues with my son's father -
    > now sorted
    > * Need to get back to the US ASAP as our money is running out!
    >
    > We have just sent my visa petition and thought we had better check out
    > timescales... OUCH! Is there anyway I can get to the US without having to
    > wait all that time? I don't think I'm going to like the answer. I have read
    > lots of posts and sympathise with everyone who is having to wait so long -
    > it's so sad :-(
    >
    > Any guidance on the best way for us to approach this would be appreciated -
    > for example, I gather that my son and I can go to the US when the petition
    > is approved and do AOS?
    >
    > Many thanks in advance for your help.
 
Old Feb 5th 2003, 7:28 pm
  #9  
Lynda
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Default Re: Any other way?! Help please!

"northspoon" wrote in message
news:[email protected]...
    > Your welcome Lynda
    > and yes i agree with what the embassy said about the K3 It is a waste of
    > time and money for someone in your position. This is really for people
    > who are married and living apart in different countries, to enable them
    > to minimise their seperation, as an I-130 filed in the states can take
    > from one to two years to complete and a K3 takes about as long as a K1
    > fiancee visa, which i believe is around 6 to 9 months. The estimated
    > time for a visa processed direct at the US Embassy in London is, as you
    > have said, 3 to 6 months but that is if you wait for the petition to be
    > approved before you apply. As I said before, the way to speed things up
    > is to get the "application" in motion before the "petition" is approved
    > and make sure you get everything correctly filed the first time.

Righto - that is what we will do. The only thing I'm unsure about now is the
police check. I haven't had one done - there won't be any problems - but my
husband read something about possibly not needing one and that we would be
advised about this. I guess we wouldn't know if it were necessary or not
until we have had the petition approved... but, we want to get the
application in before then so it would make sense to send one anyway,
however, you mentioned this could take upto 40 days. That kinda delays the
process again doesn't it?! Agghh!!

    > Good luck

Thanks :-)
--
Lynda
 
Old Feb 5th 2003, 7:31 pm
  #10  
Lynda
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Default Re: Any other way?! Help please!

"Patrick" wrote in message
news:[email protected]...
    > FYI - Once your husband has filed in London he doesn't have to stay in
    > the UK. We did our DCF in 72 days so you could probably plan it so you
    > are apart for a minimum amount of time whilst your husband still works

Yes - that's what we were planning. The sad thing is he might have to go
before our first wedding anniversary comes up on March 13th :-( Heigh ho -
needs must! I just hope I don't start smoking again with him not here!
Thanks Patrick.
--
Lynda.
 
Old Feb 5th 2003, 9:07 pm
  #11  
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Default Re: Any other way?! Help please!

I have never heard about the possibilty of not needing a police certificate for the I-130 but that doesn't mean it isnt true but if i were you, i would go and pay for one tomorrow just in case it is needed. It cost ten pounds....
You can still make the application (its another biographic data sheet) which will open your provisional file, you just wont be able to send in the DS-2000 till you have all your documentation.
good luck
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Old Feb 5th 2003, 9:25 pm
  #12  
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Default Re: Any other way?! Help please!

Originally posted by Grace
hi. you can apply form UK embassy after your husband worked there more
than 6 moths. it will works fast. good luck !!!
Where did you get this time requirement from? AFAIK, there is none - the only requirement is that you have to be in the UK on almost any status other than that of tourist. I have RL friends who successfully DCF'd in London with about a month's residency, and they didn't do any paid work in this time.
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Old Feb 5th 2003, 9:31 pm
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Default Re: Any other way?! Help please!

Originally posted by Lynda
Righto - that is what we will do. The only thing I'm unsure about now is the
police check. I haven't had one done - there won't be any problems - but my
husband read something about possibly not needing one and that we would be
advised about this. I guess we wouldn't know if it were necessary or not
until we have had the petition approved... but, we want to get the
application in before then so it would make sense to send one anyway,
however, you mentioned this could take upto 40 days. That kinda delays the
process again doesn't it?! Agghh!!

Lynda
Lynda, there are a few countries where you are advised NOT to get a police certificate on your own, but the UK isn't one of them. Get yourself down to your local police station, speak to the Data Protection Officer and part with your 10 pounds. Starting on gathering this and other required documents will speed your timeline up.
Welcome to the wonderful world of DCF!
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Old Feb 5th 2003, 9:32 pm
  #14  
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I'm confused with all the posts on this thread, so I will just cut to the chase. First of all, read the immigrant visa section of http://www.usembassy.org.uk - immediate relative category. You should find that you qualify for what is commonly known as Direct Consular Filing. This means that the US citizen files the I-130 petition(s) straight to the INS office in the London consulate. This typically takes about 2 months to process.

While this is going on, the UK citizen applies for the immigrant visa with the visa branch of the consulate, and collects all the different civil documents that are required to support the visa. The police certificate does not delay anything because you apply for it while the I-130 is with the INS.

There is no need to confuse the issue with other "options". The I-130/IR1 takes about 3 months and leads to a green card immediately on entry to the US. You don't get a better deal than this.
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Old Feb 5th 2003, 10:53 pm
  #15  
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Dear Ameriscot,
I dont understand why you are confused with the posts on this thread? They all look pretty straight forward to me..Your post also seems to mirror, for the most part, what has already been said, however I have to disagree with you on something. It most certainly CAN delay the complete process of obtaining a visa if you dont have a police certificate in hand.
I have "friends" who have their interview scheduled for the 25th February. Their petition arrived at the INS on the 11th November and was approved on the 16th December. Their "application" and DS2000 (checklist and declaration that all documents are in your possession) were posted before the petition was approved and they got news of their interview on the 15th January. If they hadn't have had thier police check in their hands they wouldnt be have had notification so soon.
It is possible to apply before the petition is approved and I am wondering if you are not aware of this. It states this very cleary on the website (http://www.usembassy.org.uk) for couples who are doing the DCF route at the US Embassy in London, and I quote :-

"Note: It is possible to begin the administrative processing of an immediate relative application before the INS approves the petition. Therefore, if you reside in the United Kingdom and are applying for the immigrant visa at this Embassy, you may download the forms from this site. The forms should be completed and returned to the Immigrant Visa Branch as soon as possible. Failure to return the forms promptly will delay the processing of the visa application."

Hope this sorts out your confusion??
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