Southernboy123

Hi
Some advice please, my US citizen wife currently lives here in the UK on a spousal visa with me until i complete my military service early 2022. The plan was to file DCF to move back to her home state before her visa expires, now that DCF has been removed (or will be after April) we will need to file back in the US as i understand it. Not an issue and we are luckier than most in that we will still be together during the process, but my question is this. Given you do not know which service centre will process the application and their timelines vary wildly (a year + in some cases) what happens if on successful completion of the process and i need to enter within 6 months of the date of the medical, but yet my/our affairs are not settled here in the UK, is it possible to enter the US to ‘activate’ the visa so to speak and then return to the UK a few days later to completely settle affairs?

TIA

MidAtlantic

Yes that can be done. Your wife will need to be in the USA either ahead of you or go with you. You will also need a US address for your green card.

Noorah101

Yes.

Rene

Southernboy123

Thank You

Southernboy123

In regard to my first post another question i have is this, as said at the start with different service centres processing times varying wildly it is our intent to submit the i-130 online around January 2021 with an intended immigration date (if successful) of May 2022 which is when i discharge from the military. If the process happens to move quickly and we are at the stage of scheduling medical appointments and embassy interview dates by say august or something are we able to ‘space out’ these appointments without affecting the i-130 approval seeing as we wont be in a position to move until the May.

TIA

lansbury

Once the I-130 is approved the case is passed to the NVC and remains open for 1 year. As long as you have some contact with the NVC it is a rolling year, although to be honest I wouldn't push it. The I-130 remains valid, but if you go over the year with no contact with the NVC there are I think extra fees to pay to "open" your file again. Remember the visa you will finally be issued is valid for 6 months from the date of your medical.

If you have the visa you can travel to the US to use it, and then return to the UK to wind up your affairs there. If you do that your wife would either have to already be in the US or traveling with you.

Southernboy123

I understand this may be a niche question however one thing that is confusing us is that as part of the submitting documents phase i will be required to provide a copy of my military record, however as i will still be serving at the time needed to submit this to NVC i will not have terminated service and will only be able to show intent to terminate but be able to prove termination of service at embassy interview stage. Anybody who has been here or has an idea on this their input would be appreciated!!

lansbury

I think the fact you will have your discharge at the interview will suffice. My service was long over when I applied for my visa, and all I produced was a single A4 form from the RAF showing my service dates, and confirming I had been formally discharged.

Southernboy123

Thanks for the reply.....just struggling what to supply the NVC with when it comes to submitting required documents and I won’t actually be out at that stage 😬

lansbury

Send anything you have showing intent to retire from the service to the NVC, along with a letter stating discharge date, and that discharge papers will be available for production at Embassy interview. The worst that will happen is NVC will send you a letter to produce your discharge papers to them when you have them, and put your application on hold until you do. Best is they process your application and you produce the papers at your interview.

Southernboy123

That’s where we were leaning to be honest....hopefully will land on the desk of someone sensible!