Spider

Hiya!


Quick Background
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My wife is a USC and I am a UKC. We married in the UK a few years ago.

Now we've moved back to the US. She sent off I130 & I129F while I was in the UK. I then came across on a visa waiver to look after her--her father passed away and we discovered she was pregnant--but am, of course, unable to work.

We were originally given to expect that I would be called for a visa interview in London between the end of next week and late-ish September. I then believed that I could file for Employment Authorisation and hop on a plane.

We found out today that the estimate for the centre processing my I129F to look at my application is late November. On top of this, from what I've been reading, it's going to take ages after that as well.

I'm pretty highly qualified, I thought about getting a work visa, but I think it'll take even longer since I don't have a job lined up yet, much less one for which an employer would sponsor a work visa.

Questions
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Can we apply for some kind of acceleration of the process, given that neither of us is going to be able to work in the near future, and our child is likely to be born to homeless people at this rate?

Is there another way that I can go for EA that will bear fruit more quickly?

Does anyone have a copy of a typical timeline for this whole process to get a K3 visa, EA etc?

Is there anything else anyone can think of that will ease or accelerate this whole thing?



Thanks!

Noorah101

Unfortunately, there is no expedited or acceleration of the process. It takes as long as it takes. However, since you still live in the UK (since you don't have permission yet to live in the USA), I'm assuming you work in the UK. You can send her some money until your visa is ready and you can come join her in the USA.

No. However, once your I-130 follows through the channels, and you receive your immigrant visa, you are work authorized from Day 1 upon entry to the USA. You can't get it any quicker than that.

Chances are the Immigrant Visa will come through quicker (or just as quick) as the K-3. I'd say the timeline from filing the I-130 to getting the visa in hand is around 6 to 8 months. Of course your mileage may vary.

No. Unfortunately, every petition follows the same route, and nothing accelerates it. You can have your part done by getting all the necessary documents together ahead of time, such as police report, marriage certificates, divorce decrees (if applicable), etc. You can even fill out the visa application paperwork ahead of time and have that ready. You can stay to visit for your 90 days upon the visa waiver to keep your wife company so she's not alone, as long as you can prove to the POE officer that you do not intend to immigrate on these trips.

If your wife has a permanent status (leave to remain, I think) in the UK, you can both apply directly at the consulate in London, which is a quicker process (around 3 or 4 months, I think). That's called DCF. Of course your wife must have the proper status in the UK, and it would mean a trip to the UK for all of you. Also, since an I-130 was already filed stateside, I'm not sure how that will affect it.

I was curious about what you said..."now we've moved back to the US". Under which visa did you move back? If you came under the VWP, you didn't move here. You are visiting here for 90 days. Don't confuse moving with visiting. In order to move to the USA, you must have the proper immigrant visa in-hand, which you don't have yet.

As for work, I believe the quickest way you'll be able to work in the USA is once you enter the POE with your immigrant visa. Hopefully you didn't give up your job in the UK yet, and can return to that in order to help your wife and child in the USA.

Best Wishes,
Rene

Noorah101

Just thought I'd also mention that the work visa quota is filled now. The next time you can get a work visa (H1B) is if you find an employer willing to hire you who will file your paperwork in April 2007, for a start date of October 2007.

Your immigrant visa will come much quicker than that!

Rene

snowbunny

I believe it is indefinite leave to remain status. It is possible to DCF even with an ongoing I-130 here in the US; you just have to note on the new I-130 for DCF that you have one already filed. They will ask for an explanation but should understand (and know) that you're filing DCF to get the visa sooner (and since you're explaining to a human being, the fact that the OP's wife is expecting can be briefly mentioned). If the DCF completes more quickly (and it should), then you abandon the I-130 filed in the US.

Here's a link to the embassy, though if your wife has abandoned her residence in the UK she may not be able to file:

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

scrubbedexpat099

Given your circumstances it soulds like you would be much better of in UK, you can work and she has medical care.

Folinskyinla

Hi:

Have an IN-PERSON consulation with an experienced immigration attorney in the area where you live.

scrubbedexpat099

I was waiting for this....

Spider

Now booked for Thursday morning!

Thanks for all the advice, guys. I appreciate it very much.

Unfortunately my wife does not have indefinite leave to remain in the UK. We didn't bother to get it, since it was a bit pricey and we were planning on leaving for the US. We just adjusted our plans and had her leave when the temporary ran out.

Also unfortunately, I did give up my job in the UK. I'm currently thinking that we're going to have to back to the UK and wait (she can always stay as a tourist). Assuming it's safe for her to fly, of course!

scrubbedexpat099

Sounds like you were lucky to get in.

I have seen posts from those who hadd LLR and had been in the UK for more than 9 months and were able to use London, may be relevant.

Let us know what the Lawyer says.

Good luck.

Spider

Well, I was officially coming across for a funeral and had all the relevent documents with me. Not that the guy at POE really asked about it...

Thanks. I will.

scrubbedexpat099

You resigned from your job once you got here?

May be relevant info for the Lawyer.

Ray

I thought he said that ...

Folinskyinla

Hi:

The OP asks some very good questions which deserve an honest answer. However, you know my belief on this -- I don't care to advise people in public on how to plan to break the law and get away with it.

scrubbedexpat099

But its OK to plan when you have an IN-PERSON consulation with an experienced immigration attorney in the area where you live.

fatbrit