adamel

Hello friends,

My partner (a US citizen) and I (a UK citizen) are currently living in the UK. She is here on a work visa that expires in 3 years. We plan to get married and eventually relocate to California (before her work visa expires). Based on our research, our understanding is that the CR1 spousal visa is the best way to achieve this, but most of the information seems to relate to couples in which one person is living in the UK and the other is living in the US. We believe the CR1 visa would allow both of us to remain in the UK until my visa is granted, at which point we would move to California & I could immediately start working there when we arrive. From reading the boards, we think this process would take 8-12 months.

Can you confirm that our understanding of this process & the timelines is correct - or is there a better way of doing it? Are there any considerations or unique challenges (particularly given that she is currently in the UK on a work visa) that we should account for? Does it matter whether we marry in the UK or US?

Finally, would you recommend we use an attorney to support this process? We've considered scheduling a consultation with the American Immigration Law Office Ltd but have read that working with an attorney may not be necessary.

Thank you for any help or guidance you can provide!

Noorah101

Yes, that is the correct visa. In your case, the I-130 can bee filed directly to London. Research "Direct Consular Filing (DCF)".

Filing directly to London is a bit quicker than filing in the USA, so should only take maybe 6 to 8 months, but that could change by the time you're ready to move.

Keep in mind the visa is only valid for 6 months from the date of the medical, so don't file the I-130 to early!

It doesn't matter where you get married.

Rene

Noorah101

If you don't have any criminal history or previous immigration issues, and you are detail oriented with paperwork, you don't need a lawyer. Many, many people do this on their own.

Rene

S Folinsky

The information about "DCF" in London is correct. (I put DCF in quotes because it stands for Direct Consular Processing, a procedure which no longer exists. However, overseas Homeland Security offices can start the process in London avoiding stateside processing.)

If you have been married for two years or more at time of admission to the US, you will be admitted as an "IR-1"

Beware of time frame predictions, this can change radically.

As of late, US immigration agencies have been "tightening" up their process and are not as forgiving of errors, mistakes, or just general issues. (You may have issues you are not even aware of).

Be careful of the affidavit of support requirement. The standards on this are also changing

If you want legal counsel, stateside attorneys are less expensive. (No VAT if nothing else). Modern communications make this possible . <snip>

Twinkle0927

S Folinsky

OP is free to research it. It is fair to say that subjective evaluations have been reintroduced to the public charge requirements. In the past, you met the objective requirements for the I-864, you tended to be fine. Now, the ConOffs can look into subjective factors and are encouraged to so. How this working out in LND, I have no idea .

scrubbedexpat099

I can give you a specific example from a couple of months back, do not know how it panned out.

India

Child sponsoring Parents

Sounded like Child worked in IT and had a good salary, other children in US with good incomes

Father in 80's, Mother in 70's.

Do not think Parents were wealthy, did not come across that way.

Father particularly had medical issues and CO wanted evidence they had Insurance/ could otherwise cover the medical bills which would have been many times the I 864 requirements.

samills610

Currently going through this process with the exact same circumstances as yourself. Partner is a US citizen on a tier 2 working visa and we got married recently and started the application process for a CR1 visa in London last month. Chose not to go via an attorney as manu reviews suggested they had issues and once you've done your research (and assuming no complications in your criminal/immigration history) I felt it wasn't actually as complex a process as originally first thought

adamel

Thanks everyone for your responses, this is really helpful.

Can you further explain the affidavit of support? As we're both living and working in the UK, neither of us is currently employed or receiving income in the US... Is this going to pose an issue in my partner's ability to "sponsor" me in the relocation to the US? Generally can you help us understand the financial requirements of the visa application process?

On a related note, we do not have a permanent residence in the US. Do we need to show any proof that we will have a permanent residence or will move there within a certain timeframe after the visa is granted? If is of course our intention to move there soon after everything is approved, but I'm unclear on how we'd prove this.

Noorah101

1. Go to www.uscis.gov and read the I-864 form and instructions. Hint: assets can be used, or a joint sponsor can be used.

2. No need to prove this.

Rene