Mr

Hi Guys

A long winded story but any help will calm me down...

Got married last December to my lovely wife who is a USC by birth. She
moved over to the UK and got a transfer via her company (mine too) and
we expected to be in the UK for 3 - 5 years. They dropped a bombshell
on her in mid-June that she had to come back to the US office or get
the boot. So we decided to make the move to the US, she is there
already and about to start the process of the I-130 application oh and
I forgot to mention she is also 5 months pregnant.

My questions are:

a. I plan to visit her end of Aug for the baby shower so should we
hold off filing the I-130 for fear of me being turned away because of
change to immigrant status pending?

b. I will be transferred to the Chicago office once I get a visa. Is
the I-130 the quickest route to join my wife and baby or could a L1-B
be quicker (if approved) then apply for I-130 once there?

c. If I apply for my I-130 should I then apply for a K-3 once I get
receipt for the I-130?

d. The most important question of them all is with all this going on
will they turn me away in November when my wife is due? Is there
anything I can do to show/prove I am only going there to support my
wife and witness the birth of my child.... then return home and wait
for authorisation to moce?

Again sorry for being a wind bag on this email but it's doing my head
in. It took my wife a afternoon to get her Uk sposal visa but it looks
like it may take me 7+ months for my US, even though I appreciate why.

Thanks again

T

Noorah101

No. I would start it now. Why make an already long journery even longer? Your chances of visiting don't go down that drastically with an I-130 in the works.

I have no idea which one is faster.

No, in my opinion. The K-3 isn't a good choice for a visa anymore. It's no quicker than the I-130, and there more drawbacks to it than benefits.

It's a possibility. There's never a guarantee on being allowed in. Also, you will have to see where you are in the visa process...you don't want to be in the USA if there is something you need to be getting done in the UK.

Yes, make sure you bring plenty of proof of your ties to the UK. Letter from employer stating when you need to be back at work, proof of funds to cover your stay, mortgage/lease paperwork showing you own/rent property in the UK still. Of course only show it if asked, but have it handy just in case.

Yep, immigrating to the USA takes a lot more time than the other way around. Too bad your wife couldn't have stayed just a bit longer in the UK, sounds like you could have done DCF and had a much quicker process.

Best Wishes,
Rene

Elvira

L1 is almost certainly going to be quicker if your company - and their lawyers - know what they are doing, and both businesses are established and legitimate.

One important consideration though: You must have worked for the UK part of the company for at least a year either in a managerial capacity, or as a worker with special skills, knowledge of the business etc - i.e. someone who could not be found in the US.

Once you move over you can adjust status on the basis of your marriage to a USC.

Nothing in life in general and USCIS in particular is guaranteed, but if you bring plenty of proof of ties to the UK, they will probably allow to visit whilst you're waiting. But I would expect the L1 to be approved very quickly once the company files the papaerwork.

Mr

Thanks to both Rene and Elvira for your advice.

My employer is helping us out by now paying for a Immigration lawyer.
We had a first meeting with them today he told me that the K3 is a no
go for the reasons you stated Rene.

L1-B is what they want to pursue for me otherwise it will be a
protracted wait for the PRC. I've been with my firm for 6.5 years.

On gaining entry to the US with a I-130 pending he said as you guys
mentioned bring any and all paperwork but it really is down to how the
immigration officer reacts. If I were to be refused entry that would
mean it's on my record so don't bother retrying until the I-130 is
processed.

Thanks

T

On Wed, 25 Jul 2007 23:49:12 +0100, Mr T wrote:

>
>Hi Guys
>
>A long winded story but any help will calm me down...
>
>Got married last December to my lovely wife who is a USC by birth. She
>moved over to the UK and got a transfer via her company (mine too) and
>we expected to be in the UK for 3 - 5 years. They dropped a bombshell
>on her in mid-June that she had to come back to the US office or get
>the boot. So we decided to make the move to the US, she is there
>already and about to start the process of the I-130 application oh and
>I forgot to mention she is also 5 months pregnant.
>
>My questions are:
>
>a. I plan to visit her end of Aug for the baby shower so should we
>hold off filing the I-130 for fear of me being turned away because of
>change to immigrant status pending?
>
>b. I will be transferred to the Chicago office once I get a visa. Is
>the I-130 the quickest route to join my wife and baby or could a L1-B
>be quicker (if approved) then apply for I-130 once there?
>
>c. If I apply for my I-130 should I then apply for a K-3 once I get
>receipt for the I-130?
>
>d. The most important question of them all is with all this going on
>will they turn me away in November when my wife is due? Is there
>anything I can do to show/prove I am only going there to support my
>wife and witness the birth of my child.... then return home and wait
>for authorisation to moce?
>
>Again sorry for being a wind bag on this email but it's doing my head
>in. It took my wife a afternoon to get her Uk sposal visa but it looks
>like it may take me 7+ months for my US, even though I appreciate why.
>
>Thanks again
>
>T

Noorah101

So are you going to try filing both ways (L1-B and I-130) at the same time and see which one comes through faster?

Rene