luckycat15

Brand new to this board and hoping someone here can help point me in the right direction.

I'm a US citizen, granted ILR in May 2014 based on 5 years on a Tier 2 visa.
Married my husband, a UK citizen, in April 2014. He has absolutely nothing in his past that would impact his ability to get a green card.
We are now looking to move back to the US for a job opportunity (mine).
It is 1st September today and we would like to leave the UK on 7th October. We will be traveling back to the UK to see his family over the holidays in December.

I know that the first step is to file an I-130. And I believe that based on the fact that he is my spouse, and there is no limit on the number of visas that can be granted for immediate relatives, that I can submit the I-485 at the same time as I-130? If so, here are my specific questions:

- Based on our proposed dates of departure (i.e. only 5 weeks away), is it better to submit the application for I-130 and I-485 while we are still in the UK via the US Embassy or wait until we get to the US?
- If we apply while we are still here, is there any problem with him traveling with me to the US on 7th October on an ESTA visa (he already has an ESTA in effect that will last until Feb 2016) since we are planning to return to the UK in December. (It is not a problem if he doesn't work during that initial 3 months.)
- If we do submit the I-485 in the UK, but if we are in the US when the I-485 is approved, what is the process that he would need to complete (interview, medical exam)? Would he have to travel back to the UK to do this?
- I have read about something called a K-3 that apparently would allow him to legally live and work in the US while his immigration application is processed? Is this something that would apply to us?

Those are my most immediate questions. Any help that anyone can provide would be *greatly* appreciated!

Many thanks in advance!
Lori

ian-mstm

You can move back to the US at any time - preferably after you file the I-130. Your husband, however, will need a CR-1 visa in order to do the same.


There is no I-485 involved if you file the I-130 at a US Consulate overseas, and it sounds as though you are mixing up two different immigration paths. In other words, if you file the I-130 directly to the London US Consular Service, he will eventually get a CR-1 immigrant visa and the day he enters the US with that visa, he will immediately become a US permanent resident - the proof of which is a green card. No I-485 needed.


The I-485 is used only for those who adjust status inside the US. It can't be submitted while outside the US.

Your biggest problem, however, is that it is illegal for your husband to enter the US as a visitor with the intent to stay to adjust status. Quite simply - don't do it.


To clarify, ESTA is not a visa - indeed, there is no visa involved whatsoever. But yes, he can travel with you to the US to visit... but he can't stay in the US - because he won't yet have the requisite visa that allows him to do that.


There is no I-485 if you file the I-130 in the UK. He must have a medical and an interview in the UK. Sorry - but there's no way around that.


The K-3 is no longer a useful alternative to what you propose. It was, once - when immigrant visas were taking many years to process, but not any longer.

An immigrant visa - the end result of you filing an I-130 petition - is going to take 6-8 months to process. That is the quickest method available in your situation. Sorry if that doesn't suit your circumstances, but US immigration law is not written for your convenience.

I don't mean to be harsh - but you have unrealistic expectations, and the sooner you come to grips with that, the better you'll be able to manage things.

Ian

Noorah101

No. Since your husband is outside the USA and wants to immigrate, he needs to get an Immigrant Visa in hand. You can file the I-130 to the USCIS field office in London, and then YOU can leave the UK. Your husband can visit the USA using the VWP, but he must return to the UK to get his medical done and attend his visa interview in person. The process should take less than 6 months.

Because you won't be applying for adjustment of status from within the USA, the I-485 does not apply to your situation.

Neither one. The I-485 does not apply in your case.

He is allowed to visit the USA on the VWP while the Immigrant Visa process is going on. So a visit to the USA fits in with your plans to get him an Immigrant Visa, yes. Still no I-485 involved, though.

- The I-485 cannot be submitted in the UK because one cannot apply for adjustment of status from outside the USA. Also, it is illegal to enter the USA with the intent to remain and adjust status, so the I-485 is not applicable in your case at all. You need to read up on the C-1 Immigrant Visa process.

No, the K-3 is very outdated information. Essentially the CR-1 Immigrant Visa process is now actually faster than a K-3, especially when the I-130 is filed directly to London.

Look above at our Wiki Guide titled "DCF". THAT is the process you need to do.

Rene

luckycat15

Thank you so much for this. I've clearly been reading very outdated information. I will definitely read the Wiki guide you referenced... Thank you again!!!

S Folinsky

A confidential consultation with an experienced immigration lawyer might very well be in order. Board member J Fong would be good person to talk to. [Note, J recently relocated from Hollywood to Pasadena].

Furthermore deponent sayeth not.

SanDiegogirl

Please be aware that, although you have ILR, if you leave the UK for longer than two years, your ILR will lapse as you will be regarded as giving up your residency in the UK. (visits back to see family are not usually regarded as strong enough ties to the UK for returning resident purposes)

If you should decide to return to the UK to live then you will need to go through the immigration process all over again.

It is only upon obtaining British citizenship that you can come and go as you please. Since you have your ILR have you thought about British citizenship?

Dally

Yes - I agree with SanDiegogirl. Your ILR will expire after 2 years and its such a long and expensive process to go through if you need to come back for any length of time! I know the plan is to move stateside but god forbid something happened with family etc here and you were held up with Visa issues!