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Applying for green card (marriage visa sponsorship) during these Covid times

Applying for green card (marriage visa sponsorship) during these Covid times

Old Aug 18th 2020, 11:31 am
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Default Applying for green card (marriage visa sponsorship) during these Covid times

Hi everyone,

I’ve trolled through the forums, and I haven’t found anything relating to my particular queries. However, if I have missed it please feel free to point me in the right direction!

My wife is a USC, I’m British and we have a baby boy (whom will hold dual citizenship once the application has gone through). We met in TN whilst I was living over there, and then emigrated back to the U.K. in 2018 when my visa expired. We are now married but want to move back to the US. Lockdown made us realise how much we miss Chattanooga!

My main question is: has anybody started a green card visa from the UK during Covid?

Obviously, these aren’t ideal times to be moving so we are hoping to move next spring/summer. We should have been visiting in November, but I can’t see that happening now. However, we are unsure when would be best to apply in these uncertain times. We really don’t want to be going over there while Covid is still wildly out of control. At the same time, we don’t want to wait until Covid has been controlled and then have to wait for the whole application period, post-control.

To summarise:
1. Has anybody applied for a green card from the U.K. while Covid has been about? How has that been? I know they’ve only just started reaccepting applications but only for certain visas (marriage is included).
2. How long can we expect an application to take at the moment? (I know, how long is a piece of string? But, can’t hurt to ask)
3. If we were to apply now and be accepted before we were planning on moving. How long would we have to move after the visa had been approved?
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Old Aug 18th 2020, 12:23 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

The main point is that so-called “DCF” is no longer available.
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Old Aug 18th 2020, 12:25 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by S Folinsky
The main point is that so-called “DCF” is no longer available.
DCF?
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Old Aug 18th 2020, 12:57 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by BedfordshireToTennessee
DCF?
Direct Consular Filing - meaning your send your application directly to the US Consulate in London. That had already been scheduled to end at the end of March 2020, so as Folinky noted, it is not now an option. It used to be significantly quicker than applying via the lockbox in the US.
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Old Aug 18th 2020, 1:08 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by BedfordshireToTennessee
....
2. How long can we expect an application to take at the moment? (I know, how long is a piece of string? But, can’t hurt to ask)
3. If we were to apply now and be accepted before we were planning on moving. How long would we have to move after the visa had been approved?
2. You could previously bank on a lockbox application taking over 12 months - I think it was pushing 15 months at the start of 2020. What will happen in the coming months, who knows? I can't see it dropping much

3. The how long will you have is an interesting question because you have opportunities to manage the process, by stalling each step of the process when you need to do something . At each step of the process when you need to make an appointment, return a form, you have 12 months before USCIS will treat the application as abandoned (I wouldn't cut it too fine, so I wouldn't delay more than 10 months, to give you wiggle room in case your reply is "lost in the post"). So if you start the process now, when you get a reply you can sit on it for 10 months if the pandemic is still raging, then when you need to book for a medical you can stall that too, just bear in mind that the medical sets the end day for when you can enter the US (not more than six months after the medical). So if you wanted to, I beleive that if you started the process today, you could drag it out for at least three years if you wanted to, bearing in mind that an application today would probably take until at least Q4, 2021 anyway.
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Old Aug 18th 2020, 2:54 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

1. I'm sure they have. The process is no different now than before.

2. You can probably expect the whole process to take 12 to 18 months.

3. Six months from the date the medical exam is done.

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Old Aug 18th 2020, 3:16 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by BedfordshireToTennessee
Hi everyone,

I’ve trolled through the forums, and I haven’t found anything relating to my particular queries. However, if I have missed it please feel free to point me in the right direction!

My wife is a USC, I’m British and we have a baby boy (whom will hold dual citizenship once the application has gone through).
Your son is already a USC. I'm assuming you are applying for his "Consular Report of Birth Abroad (CRBA)" with the US Consulate/Embassy in London. This certificate is only proof of his US citizenship. If your wife was eligible to pass on US Citizenship, then your son is already a US citizen and to travel will require a US Passport for you can apply for both.
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Old Aug 18th 2020, 3:25 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Since no one has mentioned it yet, I will do so - it's not a 'green card visa' it's an IR1/CR1 visa you will be seeking.

When is your 2 year wedding anniversary? This year at some point?
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Old Aug 21st 2020, 10:24 am
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by Pulaski
2. You could previously bank on a lockbox application taking over 12 months - I think it was pushing 15 months at the start of 2020. What will happen in the coming months, who knows? I can't see it dropping much

3. The how long will you have is an interesting question because you have opportunities to manage the process, by stalling each step of the process when you need to do something . At each step of the process when you need to make an appointment, return a form, you have 12 months before USCIS will treat the application as abandoned (I wouldn't cut it too fine, so I wouldn't delay more than 10 months, to give you wiggle room in case your reply is "lost in the post"). So if you start the process now, when you get a reply you can sit on it for 10 months if the pandemic is still raging, then when you need to book for a medical you can stall that too, just bear in mind that the medical sets the end day for when you can enter the US (not more than six months after the medical). So if you wanted to, I beleive that if you started the process today, you could drag it out for at least three years if you wanted to, bearing in mind that an application today would probably take until at least Q4, 2021 anyway.

Right, we may have our wires mixed up a little here. As far as I was aware based on everything I found on the USCIS website. My wife is too submit the initial supporting application to sponsor my visa, via the USCIC website. I too submit a form which this then begins the process. As far as I am aware, based on my findings from USCIS, everything was to be completed in this country through the US embassy.
Where might I find evidence that this has changed? Not to say I don’t believe you of course, just so I have my own understanding.
A for the delaying, that is a big help thank you. One of our main concerns was regarding Covid so it’s a relief to know we have an element of control over it.
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Old Aug 21st 2020, 10:27 am
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by Rete
Your son is already a USC. I'm assuming you are applying for his "Consular Report of Birth Abroad (CRBA)" with the US Consulate/Embassy in London. This certificate is only proof of his US citizenship. If your wife was eligible to pass on US Citizenship, then your son is already a US citizen and to travel will require a US Passport for you can apply for both.
Yes, sorry. I did mean CRBA and I did know that he is already classed as a US citizen once his CRBA has been completed. My main query regarding this was do we need to have his CRBA completed and approved before beginning my application process, or would we be able to run both the CRBA and my green application at the same time.
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Old Aug 21st 2020, 10:27 am
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by Noorah101
1. I'm sure they have. The process is no different now than before.

2. You can probably expect the whole process to take 12 to 18 months.

3. Six months from the date the medical exam is done.

Rene
Short and sweet, thank you for your help 👍🏻
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Old Aug 21st 2020, 10:30 am
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by civilservant
Since no one has mentioned it yet, I will do so - it's not a 'green card visa' it's an IR1/CR1 visa you will be seeking.

When is your 2 year wedding anniversary? This year at some point?
Yes, I posted this from my phone whilst at work so I didn’t have all of the correct form titles to hand. I posted hoping/assuming everyone would know what I was referencing, which seems to have worked out fortunately. 👍🏻
We have been married 1 year, however I have seen nothing to suggest that the length of marriage is a necessary requirement? Merely that evidence of a legitimate relationship is required. Which we already have as we had to jump through all these hoops in 2018 when my wife applied for her visa to come to the U.K.
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Old Aug 21st 2020, 10:59 am
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Yes, I posted this from my phone whilst at work so I didn’t have all of the correct form titles to hand. I posted hoping/assuming everyone would know what I was referencing, which seems to have worked out fortunately
While I agree we knew what you meant, you will find that we here on BE are sticklers for using the correct terms to avoid confusion for anyone else reading the thread who may not know 'what you mean'

We have been married 1 year, however I have seen nothing to suggest that the length of marriage is a necessary requirement? Merely that evidence of a legitimate relationship is required.
That's not why I asked. The reason I asked is simply because if you have been married for 2 years or more at time of entry to the US with your visa, you will receive an IR1 stamp rather than a CR1 stamp.

The main advantage of that is that you will be issued a 10 year Green Card immediately, and skip the need to remove conditions after 2 years, which will save you some money and a headache. Any dealings with USCIS are invariably painful, after all.

Last edited by civilservant; Aug 21st 2020 at 11:01 am.
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Old Aug 21st 2020, 4:43 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by BedfordshireToTennessee
Right, we may have our wires mixed up a little here. As far as I was aware based on everything I found on the USCIS website. My wife is too submit the initial supporting application to sponsor my visa, via the USCIC website. I too submit a form which this then begins the process. As far as I am aware, based on my findings from USCIS, everything was to be completed in this country through the US embassy. .....
Up until the end of March 2020 there was a process called "Direct Consular Filing" (DCF), whereby the sponsoring USC spouse could file the intial paperwork directly with the US Consulate in London, and doing that led to the over all time to visa issuance being several months quicker than filing via the Chicago lockbox.

As the DCF route is now confined to history it has no relevance to your application, but is perhaps something you should be aware of if you read other threads that refer to "DCF".
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Old Aug 24th 2020, 4:16 pm
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Default Re: Applying for green card (marriage visa sponsorship) during these Covid times

Originally Posted by civilservant
While I agree we knew what you meant, you will find that we here on BE are sticklers for using the correct terms to avoid confusion for anyone else reading the thread who may not know 'what you mean'

I'll bear that in mind for future posts Thanks for the heads up.


That's not why I asked. The reason I asked is simply because if you have been married for 2 years or more at time of entry to the US with your visa, you will receive an IR1 stamp rather than a CR1 stamp.

The main advantage of that is that you will be issued a 10 year Green Card immediately, and skip the need to remove conditions after 2 years, which will save you some money and a headache. Any dealings with USCIS are invariably painful, after all.
That is a fantastic piece of information, of which we had no idea about. We are hoping to be able to move within the year. Therefore, if by waiting a couple of extra months it will help with a future headache, then we will certainly remember this.
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