Sarlou

I want to start by saying thanks to those who have replied to my previous threads, your information has been a real help so far!

I married my husband (a USC) in March 2007 and we are in the process of starting my visa application but have come across a problem. I am currently in the US visiting him for two weeks and have been filling in the I-130 with the plan of him sending it when I went back to England (I am a UK citizen). However I am coming back again for 3 months over the summer (well 90 days.... you know how it goes!) and wondered if, because of this, I should file the I-130 with the other required form (I-485?) while I'm here now.... would this work/be legal?

Would either approach be quicker? Would it matter that I am going home inbetween?

Any advice on this would be great! Thanks again!

Noorah101

With your scenario, your best bet is to have a 1-time consultation with an immigration attorney, who can advise you on the best route to take for you.

I will tell you this, that if you file the I-130 and I-485 concurrently now, you will also have to file I-131 for AP, and cannot return to the UK until you have the AP document in-hand, which can take around 2 to 3 months.

Best Wishes,
Rene

meauxna

Thank YOU, Rene.
I almost responded after reading her post history.

Noorah101

Let me rephrase this part. You CAN return to the UK without the AP document, but then won't be able to get back in the USA for continuation of the AOS process.

Rene

Sarlou

Thanks... I have to go back to finish my last month of University so I suppose we'll just have to file whilst I'm in England!

Noorah101

Wise choice.

Rene

Sarlou

Am I able to then come and visit whilst my case is processing? I've heard conflicting information on this one....

Noorah101

Yes, you can. It's completely legal to come visit for the 90 days while your case processes. Be sure to bring proof of your ties to the UK, in case the POE officer asks for proof that you do not intend to immigrate.

Rene

Sarlou

Great!! Finally starting to understand this all......

Last question, promise, K-3 visa, worth applying for or not? I know a lot of people have found it to be taking a similar amount of time to the actual immigrant visa...

Noorah101

In my own personal opinion, not worth it anymore, especially when you're coming from the UK. (coming from a country which has longer processing times for the I-130, I might say maybe...such as a Middle Eastern or Asian country, for example).

The K-3 was invented a while back when I-130's were taking years to process. It allowed the intending immigrant to come to the USA to live and work, while the I-130 processes. That is no longer the case, I-130's have spend up considerably, and now both the I-130's and the K-3 routes are taking about the same amount of time. The month or so that the K-3 would save you is not worth the effort, in my opinion. The Immigrant Visa is a FAR better visa to enter the USA on, anyway...you become a PR upon entry.

Also there have been a few changes to filing for the Immigrant Visa / K-3 at the same time. Eventually, before you have your visa interview, if you decide you want to NOT follow the K-3 after all (let's say the I-130 got approved quickly and is moving forward fast), then you have to pay a fee to stop the K-3 from processing. So first you pay the fee to file the I-129F, then if you change your mind, you file a fee to stop the K-3 process. Let's say you do end up getting the K-3 more quickly and enter the USA using that. You used to be able to then decide if you want to AOS in the USA, or go back to the UK for your Immigrant Visa when the time comes. Now, the rules have changed to that if you DO enter on the K-3, you're locked into processing AOS in the USA...meaning more paperwork, more expense, etc.

IMHO, USCIS is making the K-3 a more unattractive option....perhaps they are trying to phase it out altogether.

Rene

Eric S.

Seems like you guys are talking about 2 different questions. So let's just
clarify.

Question 1 - WHAT should you file FOR?
a) AOS while you are here in US.
b) Immigrant visa back in UK.

Question 2 - WHEN should you file?

The OP asked question 2, but seems like she was really asking -- and Rene
was really answering -- question 1. If the answer to question 1 is that you
want to do immigrant visa processing back in the UK, I don't think it
matters WHEN you file the I-130. As long as you are back in the UK when it
comes time to have your interview in London, I don't see why you can't go
ahead and send in the I-130 right away.

Let me know if I've misinterpreted anything.

- Eric S.


"Sarlou" <[email protected]> wrote in message
news:[email protected] m...
>
>> Let me rephrase this part. You CAN return to the UK without the AP
>> document, but then won't be able to get back in the USA for
>> continuation of the AOS process.
>>
>> Rene
>
> Thanks... I have to go back to finish my last month of University so I
> suppose we'll just have to file whilst I'm in England!
>
> --