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Fastest way of immigrating for a UKC?

Fastest way of immigrating for a UKC?

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Old Mar 16th 2009, 12:31 am
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Question Fastest way of immigrating for a UKC?

Hello all,

I am a UKC, my wife of 3 years is a USC and we are currently living in Britain. We plan on moving back to the US in a few months and are trying to find out the fastest route to do so. We have been filling out the I-130, G-325A, & I-864 forms, but are waiting on my wife's parents to finish filing out their Affadavit of Support forms due to the fact that we'll be staying with them for a few months while we find jobs and sort out an apartment.

My wife's UK Resident's Visa expires on May 14th, so we are trying to figure out if the USCIS forms will be approved in time....

We have phoned USCIS and asked about the possibility of us moving over once the forms are sent in, and this is what we were told:

"After the I-130 is approved, paperwork is sent to our local consulate here and an interview is made, at which point we can move to the US. Sometimes it is quicker to file the I-130, get your receipt number, then file the I-129F form to get a K3 Visiting Visa, then come over here and finish paperwork. The I-129F does not cost anything. Sometimes this is faster, but sometimes not – so really, not much definitive help, just suggestions."

So which way should we go about it?? And when/where does the medical come into play for me? Just need to get this sorted and we find it really confusing. Any help is greatly appreciated!
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Old Mar 16th 2009, 12:42 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
Hello all,

I am a UKC, my wife of 3 years is a USC and we are currently living in Britain. We plan on moving back to the US in a few months and are trying to find out the fastest route to do so. We have been filling out the I-130, G-325A, & I-864 forms, but are waiting on my wife's parents to finish filing out their Affadavit of Support forms due to the fact that we'll be staying with them for a few months while we find jobs and sort out an apartment.

My wife's UK Resident's Visa expires on May 14th, so we are trying to figure out if the USCIS forms will be approved in time....

We have phoned USCIS and asked about the possibility of us moving over once the forms are sent in, and this is what we were told:

"After the I-130 is approved, paperwork is sent to our local consulate here and an interview is made, at which point we can move to the US. Sometimes it is quicker to file the I-130, get your receipt number, then file the I-129F form to get a K3 Visiting Visa, then come over here and finish paperwork. The I-129F does not cost anything. Sometimes this is faster, but sometimes not – so really, not much definitive help, just suggestions."

So which way should we go about it?? And when/where does the medical come into play for me? Just need to get this sorted and we find it really confusing. Any help is greatly appreciated!
Hi Chris,
Looks like you have been busy! Good job getting the basics underway.

Are you planning to file your I-130 in London? If so, you don't need to wait for the I-864s.
For planning purposes, you can count on a London "DCF"/Direct Consular Filing to take 4-6 months end to end. Clearly the sooner you can get it started (the I-130 submission), the sooner you can get to the actual visa application part. You can look at some recent accounts posted here, but I think it's about 8 weeks for the I-130.

If you were planning to file the I-130 in the US, it's about 6 months for petition approval and another few months to the interview.

The 2 links in my signature are for London DCF & explain the process & send you to get started.
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Old Mar 16th 2009, 1:46 am
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Default Re: Fastest way of immigrating for a UKC?

Thanks for the quick reply.

From that timeframe, it doesn't look like filing over here would be the best bet due to my wife's visa expiring soon. If I was to file it in the US, how soon would I be able to start working? As that would be a big part of our decision...
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Old Mar 16th 2009, 1:53 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
Thanks for the quick reply.

From that timeframe, it doesn't look like filing over here would be the best bet due to my wife's visa expiring soon. If I was to file it in the US, how soon would I be able to start working? As that would be a big part of our decision...
If you file now, while her visa is still valid, it could be accepted.

If you file in the USA, it will be about 8 - 10 months until you get your Immigrant Visa, but you will be able to work in the USA from Day 1.

Rene
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Old Mar 16th 2009, 1:58 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by Noorah101
If you file now, while her visa is still valid, it could be accepted.

If you file in the USA, it will be about 8 - 10 months until you get your Immigrant Visa, but you will be able to work in the USA from Day 1.

Rene
When could it be accepted? As the other mod's post said 4-6 months, and her UK visa expires in 2.

Does it make any difference to me being able to work quickly once we move to the US if I already have a SSN from a previous work permit I had in the US? My permit's expired now as this was a few years back, but the SSN would still be good I assume?
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Old Mar 16th 2009, 2:16 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
When could it be accepted? As the other mod's post said 4-6 months, and her UK visa expires in 2.

Does it make any difference to me being able to work quickly once we move to the US if I already have a SSN from a previous work permit I had in the US? My permit's expired now as this was a few years back, but the SSN would still be good I assume?
Your wife only needs to remain in the UK to get the I-130 filed there; not everyone is eligible to file in London, so we tend to get over focused on that.

This is the absolute fastest way to get you to the US. If your wife can not switch to another status (visitor etc) in the UK and has to leave, you can not immigrate at that time, although you can visit the US while waiting for your visa.

The SSN you have will be yours for life, but having it already won't speed up anything WRT work. When you arrive with an Immigrant Visa, you will become a Permanent Resident (green card) immediately, so you will be as work-ready as any of the other thousands out there looking right now.
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Old Mar 16th 2009, 2:19 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
When could it be accepted? As the other mod's post said 4-6 months, and her UK visa expires in 2.

Does it make any difference to me being able to work quickly once we move to the US if I already have a SSN from a previous work permit I had in the US? My permit's expired now as this was a few years back, but the SSN would still be good I assume?
The total processing time to get your Immigrant Visa is 4 - 6 months. It takes a few weeks to get the I-130 approved if you file DCF, but the USC doesn't have to stay in the UK.

No, it doesn't make any difference to your work situation. Whether the I-130 is filed in the UK or the USA, the end result is the same...you get an Immigrant Visa. The difference is that if it's accepted in the UK, your total processing time is around 4 - 6 months. If you file in the USA, your total processing time is around 8 - 10 months.

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Old Mar 16th 2009, 2:25 am
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Default Re: Fastest way of immigrating for a UKC?

Chris

I got the impression from your second post that you think you can come to the US without a proper visa and then file ..

"If I was to file it in the US, how soon would I be able to start working? As that would be a big part of our decision"

You cannot do this. You cannot use the VWP to move to the US and then file for adjustment of status to permanent resident.

You have only two choices and that is to have your wife file the I130 NOW in the UK and stay in the UK as a visitor until it is adjudicated or have your wife file the I130 NOW and return to the US while you remain in the UK until it is adjudicated. Unfortunately, those are your only choices.

A SSN does not give you the right to work. The approved visa when activated at the POE when you first come to the US will give you that right.

Last edited by Rete; Mar 16th 2009 at 2:50 am. Reason: fixed a typo in my post
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Old Mar 16th 2009, 2:36 am
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Default Re: Fastest way of immigrating for a UKC?

So the shortest time for me to have my visa is 4-6 months if I file from the UK.. Guess we will look into the possibility of a status change for my wife.

A bit confused as the statements regarding how soon I can work though, as they seem to contradict each other. Maybe it's just the way I'm reading it? Do I have to wait for my visa to start work or can I work once I file the forms?? If I was to file from the US instead of UK I mean..
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Old Mar 16th 2009, 2:39 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by Rete
Chris

I got the impression from your second post that you think you can come to the US without a proper visa and then file ..

You cannot do this. You cannot use the VWP to move to the US and then file for adjustment of status to permanent resident.

You have only two choices and that is to have your wife file the I130 NOW in the UK and stay in the UK as a visitor until it is adjudicated or have your wife file the I130 NOW and return to the US while you remain in the UK until it is adjudicated. Unfortunately, those are your only choices.

A SSN does not give you the right to work. The approved visa when activated at the POE when you first come to the US will give you that right.
I only asked as Meuxna mentioned me filing from the US, so that got me thinking.

Last edited by Rete; Mar 16th 2009 at 2:50 am. Reason: fixed a typo in my post
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Old Mar 16th 2009, 2:49 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
I only asked as Meuxna mentioned me filing from the US, so that got me thinking.
I meant filing the I-130 in the US.
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Old Mar 16th 2009, 2:58 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
Hello all,

I am a UKC, my wife of 3 years is a USC and we are currently living in Britain. We plan on moving back to the US in a few months and are trying to find out the fastest route to do so. We have been filling out the I-130, G-325A, & I-864 forms, but are waiting on my wife's parents to finish filing out their Affadavit of Support forms due to the fact that we'll be staying with them for a few months while we find jobs and sort out an apartment.

My wife's UK Resident's Visa expires on May 14th, so we are trying to figure out if the USCIS forms will be approved in time....
Have you thought about getting her Indefinite Leave to Remain anyway? It would allow her to return as a returning resident for a period of time, and depending on how long she has been in Britain, she may be able to apply directly for citizenship.
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Old Mar 16th 2009, 3:03 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by meauxna
I meant filing the I-130 in the US.
Yes, that's what I thought you meant, but Rete said that's not possible.

Originally Posted by JAJ
Have you thought about getting her Indefinite Leave to Remain anyway? It would allow her to return as a returning resident for a period of time, and depending on how long she has been in Britain, she may be able to apply directly for citizenship.
She's been in the UK for 2 years, but we'll be moving back to the US as soon as we figure the visa process out.
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Old Mar 16th 2009, 3:39 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
So the shortest time for me to have my visa is 4-6 months if I file from the UK.. Guess we will look into the possibility of a status change for my wife.

A bit confused as the statements regarding how soon I can work though, as they seem to contradict each other. Maybe it's just the way I'm reading it? Do I have to wait for my visa to start work or can I work once I file the forms?? If I was to file from the US instead of UK I mean..
You have to wait until you have your visa, and entered the USA using that visa. Upon entry to the USA using your Immigrant Visa (however long that takes), then you become a PR upon entry, with permission to work from Day 1 in the USA.

Rene
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Old Mar 16th 2009, 3:40 am
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Default Re: Fastest way of immigrating for a UKC?

Originally Posted by chris7033
Yes, that's what I thought you meant, but Rete said that's not possible.
The I-130 can be filed to the service center in the USA, even if the USC is still in the UK.

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