topgooser

So if me and my girlfriend Julie got married in the USA this year and then we applied for a spousal visa (VAF 2) to move her over here so we could be together.

Could we then file for CR-1 while Julie lived over here in the UK and worked?

If so how long might it take and what would be the situation regarding her working here and not residing over there at the time of application?

I say CR-1 as we would dearly love for me to be able to work upon entry into the USA without having to go through AOS etc! Hence I have not mentioned the K3 option.

We would also be in no particular rush if we were together here in England and we could both live together and work.

What do you say oh wise ones?

meauxna

If you're not in a rush, just file the I-130 in the US at the appropriate Service Center and let it work its way through NVC (about 1 year).

London's been funny these days about locally filed I-130s. Newlyweds and new-to-UK immigrants have been having their I-130 petition refused at USCIS London.

topgooser

would the 1-130 allow me to work in the USA once approved - or would I have to file for AOS once we moved back to the USA?

cheers for your help

meauxna

Sorry for my too-brief answer before.
The I-130 is the basis for an Immigrant Visa application. Once the I-130 is approved at the Service Center, it is forwarded to the NVC/National Visa Center where the first steps of the Immigrant Visa application are carried out. These include the IV application from the foreign spouse and the I-864 Affidavit of Support from the USC spouse.
Eventually you are sceduled for an appointment at the Consulate and have an interview. The foreign spouse may attend on their own. Success at the interview gives you an Immigrant Visa (CR-1 or IR-1 depending on the length of your marriage). When you use that visa to enter the US, you become a Permanent Resident and receive a Green Card.

Short and sweet: Yes, that allows you to work iin the US and you do not file AOS.

topgooser

That sounds like the better option then - save us having to hang around for 2 years or so and then start the process rolling either through CR-1 or DCF.

So its totally legitimate that we could start that process by filing at the US service centre despite Julie planning to move over to England on a VAF-2 settlement visa once qwe are married - at least that way we can be together and work and save money before we come back to america once the CR-1/IR-1 has been approved (out of interest what are the time criteria between recieving either one?) and we could both work immediately.

Thanks for all your help so far!!

meauxna

As soon as you are married and have the marriage certificate Julie may file. She may want to investigate the term 'temporarily resident abroad' in Dept. of State speak when it comes to her I-864 and leave some ties open to the US (internet banking etc). I kept my US house while I was living overseas, and was able to use that as a permanent mailing/residence addy.

Timelines will depend entirely on which Service Center she files in and how long you take to return requested documentation. The I-130 approval should not go stale, but the NVC will only hold your petition as 'active' for one year, IIRC.
CR-1 and IR-1 have the same benefits and responsibilities with the exception of Filing to Remove Conditions (Form I-751). If your marriage is less than 2 years old at your eventual immigrant entry, you will have to do this extra step, but you will still be a Permanent Resident.