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Filing I130 Visa Again Help

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Old Apr 15th 2013, 8:16 am
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Default Filing I130 Visa Again Help

Hi, married in 2006 I filed a visa for my hubby then and he got a green card (he is from the UK). We stayed in the USA from 2008 until 2010 and came back to the UK.. since he overstayed a year we have to file again. I Just submitted the I130 last week. I Just have 2 questions. First... will they frown upon this since we decided to move back again? and second... do I have to stay in the UK during all this or can i go back to the USA and wait? The reason is I think I could have a job opening up for me and I dont to lose it. Any advice would be so great as the stress of all this has really been affecting me. Thanks so much ...
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Old Apr 15th 2013, 8:32 am
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Default Re: Filing I130 Visa Again Help

Originally Posted by Jodilynn0330
Hi, married in 2006 I filed a visa for my hubby then and he got a green card (he is from the UK). We stayed in the USA from 2008 until 2010 and came back to the UK.. since he overstayed a year we have to file again.
Not necessarily. Have a consultation with an immigration lawyer. Being out over a year doesn't necessarily mean he abandoned his PR status.

I Just submitted the I130 last week.
Oops, already got the ball rolling, I see.

I Just have 2 questions. First... will they frown upon this since we decided to move back again?
No.

and second... do I have to stay in the UK during all this or can i go back to the USA and wait?
Once the I-130 has been accepted in London and payment has been taken from your account, you can return to the USA.

Rene
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Old Apr 15th 2013, 8:42 am
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Default Re: Filing I130 Visa Again Help

Thanks so much.. Hopefully the approval wont take long (if we get it) and hopefully I get this job... would make life alot easier for now
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Old Apr 15th 2013, 8:52 am
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Default Re: Filing I130 Visa Again Help

Originally Posted by Jodilynn0330
Thanks so much.. Hopefully the approval wont take long (if we get it) and hopefully I get this job... would make life alot easier for now
A typical I-130 filed in London doesn't take too long for approval. The whole thing from start to finish (filing I-130 to visa interview) should only take 3 or 4 months.

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