Wolfy

Sorry, but as you know we will soon be embarking on which ever visa is going to determin our future...

I have been asking questions on the opposite forum and read with some confusion.

Please dont shout at me for raising this I just need to understand it and it must have been raised thousands of times before, but is a hypathetical scenario, but it seems to be easier for us to marry whilst I am under the VWP leave the U.S after the wedding, she then applies to the brittish embassy there to join me here in the U.K which can be fast tracked or so i read for a sum of course.....which she would be allowed to work from day 1 of enteringthe U.K and no further applications for 2 years to lift restrictions or FLR as we call the AOS here.....i am not looking for confirmation of the above, thats being dealt with elsewhere.....

But

The question is as some may have come accross this already....would this in your opinion hinder any application to the U.S for a visa if she is not able to settle within the first 12 months, the only reason I ask this, is so that we can be together, which at the end of the day is all we want......even if we are in a cardboard box in timbuktu!

Thanks for your patience and understanding of my very questioning mind

ian-mstm

Whether she settles in the UK really doesn't matter. If she's there long enough to successfully file an I-130 to London... great! That's the easiest solution. If she isn't eligible to file to London, she can still file the I-130 to the US and take care of it that way.

Bottom line - where the USC lives/resides has no bearing on whether or not an I-130 can be successfully filed.

Ian

Noorah101

I agree with Ian. It won't be an issue.

Rene

Wolfy

Thanks gang, just had a worry thought though, I f she didnt like it here after a period of time say 12 months and was homesick....can see why she would as well.....

She then would need to jet off, gain employment again to reach the 125% guidelines get a house albeit rented or such, which then begs the question in my head which I think i have answered already, but the process would be the same as if she had f iled there and we would be apart, but this time it would be the CR1 ....... unless someone could support us?

Am i thinking in the right lines?


thanks again

Noorah101

It isn't mandatory for the USC to move back to the USA ahead of filing the I-130. She'd file the I-130 in the UK, remain in the UK, and then you can both come back to the USA together when you get your immigrant visa.

She would have to show proof of *intent* to domicile in the USA. She doesn't actually have to be there.

As for the I-864 Affidavit of Support issue, unless you have adequate assets (i.e. cash in the bank), then yes, you'd need a Joint Sponsor OR she'd need to move back ahead of time and get a job herself.

Rene