dinkolata

I am currently waiting for the NVC to process my packet 3 and notify the London embassy so that they arrange my visa interview etc. When we heard that my I-130 was approved in January, after a 2.5 year wait, I packed my wife and kids off to the US thinking that light was at the end of the tunnel. Although things are moving forward I have no idea how long it is going to take for me to finally be allowed to legally move. I was hoping that this stage of the process would take no more than a couple of months, but I'm now fearing the worst. Is there anything I can do to go over there and see my family.

We already went to the US a couple of years ago, breaking the rules effectively - but by accident, when we travelled over a to let my wife's now dead grandparents see our daughter. I didn't even realise at the time that I was an illegal immigrant for 2 weeks. I wouldn't do that again, but it is really frustrating that I can't go and see my kids.

Is there anything official that I can do that will allow me a short visit - that won't take months and months in itself to process?

I'll be 3 years married to US citizen in June, and that will also bring up 36 months waiting for this visa - and nothing was ever mis-filed, thats just how long it's taken. I have two kids who are US citizens who it is killing me to be away from, and I don't know how much more of this system I can take!

Any help out there?

meauxna

If your USC wife was living in the UK, why did she not file her I-130 at the Consulate? What a shame, because processing abroad takes mere weeks, rather than years.

Why were you an illegal immigrant? If you are a UKC and eligible to use the Visa Waiver Program, you are eligible to visit under its terms.

See above. If eligible, you may visit. Be prepared to answer the questions asked of you at entry and understand that the officers there have the right to refuse you entry. You may want to carry proof (IF asked) that you are NOT immigrating on this trip.

Unless there are facts missing from your story, maybe you did mis-file, but either way you are almost finished. Your USC wife will need to supply the docs that the NVC asks for (Aff. of Support etc) and you return your checklist to the Consulate & appear for an interview. You can find first-hand London experiences at alt.visa.us.marriage-based and good details of the process at the London Consulate's website.

dinkolata

Thanks meauxna. That website you told me about makes things look not all so bad after all.

I had been told that because the visa waiver stipulates only 90 days stay in the US I would be contravening its terms by already having an application for permanent residency under way. I was never told that just being able to prove I was going to act within the terms of the waiver would be enough to get me in. I checked what you told me with the US embassy london, and they confirmed what you said. If the process drags out much longer at least I can go and see my family for a while. What a relief.

This whole application process has been a disaster for us. If we had known we could do everything from the UK we would have, but were advised to do everything once we got to the US. Listening to that particular pearl of wisdom was the biggest mistake we ever made, made worse by the fact we lived within the Texac SC juristiction. What a nightmare.

Getting there now though, and just knowing I can go to see the kids if I want to makes the picture a lot brighter. Can't wait to have this all over and done with.

meauxna

dinko,
glad to hear it's all working out OK. London's reasonably quick with appointments once you get your docs in. There is a message about an Immigrant Visa appointment in London from this week here: http://britishexpats.com/forum/showt...hreadid=221241

This is an approximation of what you can expect on your interview day.
After entry your Green Card will be mailed to you (ours came w/in a month) and are elilgible to apply for your Social Security # (if you don't already have one). The stamp in your pport is the functional equivilant of the GC, so don't worry about "waiting" for the card; you will be work/travel authorized as soon as you have stamp I-551.
Best wishes & get ready to move!