GRF58

Hi,

I'm an American married to a British woman living in the UK. My wife would like to move to California which is where I am from. What is the first thing we need to do? I know about the I-130 form. Would it be easier to see a solicitor? Thank you for any helpful information.

Greg

fatbrit

What is YOUR status in the UK?
How long have YOU lived there?

Ozzidoc

fatbrit asks these questions so that we can understand the full picture, and to ensure that your UK rights are obtained/protected.

Where in Cali are you from and/or thinking of?

Check out the marriage based forum, which will have plenty of people in your situation:
http://britishexpats.com/forum/forumdisplay.php?f=35

GRF58

Hi,

Thanks, I never thought of looking at the marriage forum. I have permanent residence in the UK having lived here over two years with my wife. That's all done and taken care of. I am from Los Angeles originally but have lived in Orange County most of my life.

fatbrit

So you're good to go with an IR-1 whereby you file the I-130 directly with the London Consulate. Should take around 8-10 months all in.

You either need to study the process yourself or use a US immigration attorney. A "solicitor" is unlikely to be useful here! DIY is not difficult if you are organized and there are no skeletons in the closet.

BTW, you should consider becoming a UK citizen before you leave -- your time line would seem to just about fit. Then if you decide to return to the UK, there's no more immigration paperwork to do.

Noorah101

Hi Greg,

If you know about the I-130 form, then that's pretty much it. The I-130 instructions will tell you what you need to submit with the I-130. After that it goes to NVC where you will have more things to submit, one of which is the Affidavit of Support Form I-864. Go to www.uscis.gov, Immigration Forms, to look at this form and see what you will need to gather.

After that, your wife will receive her packet of Visa application forms, she will have to get a medical done (she will receive instructions on how to do this), and then she will attend an interview. Once she gets her visa, she can enter the USA and remain permanently.

She should also get her police report done. The link for that is at the top of this Marriage-Based Forum.

Best Wishes,
Rene

californian

I think what is meant here, in non-forum frequenter speak, is that this information could probably be found in another post but I know relevant posts can be hard to locate.

Essentially, you are correct, the I-130 is the first step. You may be able to file in London, depending on how long you have lived in the UK. This will expedite the situation.

A US Immigration lawyer can certainly point you in the right direction and if you're willing to pay their fees they will certainly aid you in the process. If this is a straightforward case, you may be able to do this on your own and save some £££/$$$ in the process.

Noorah101

Please note that I answered your question as though your wife is living in the UK, and you are living in the USA. I did not read your other post in the other forum yet. The way you've worded your first post in this forum, your wife is living in the UK, and you are in the USA.

Rene

GRF58

Thank you, so very helpful. I suppose I will do it myself as I did all of my Biritish paperwork myself. I had found and printed an I-130 some time ago. Do we have to go to the US Embassy in London in person or can we send it in?

fatbrit

(Actually hit the "Report Post" button but it was attended by one our lords and masters from IB who have no idea what goes on in the forum and therefore did absolutely nothing. You'd think they'd be busy trying to mend the things they bust in here instead of swanning around -- but obviously not!!!)

Noorah101

I'm on here remote from Turkey, so I'm not following up on mod stuff. Just reading and answering at leisure.

Noorah101

It's better to keep just ONE post going, that way the answers aren't scattered around. This forum is the correct one for his questions.

Rene

californian

I don't mean to contradict a moderator but b/c the police report only takes 10 days now (new procedure) it may not be necessary or advisable to get it now. The old police certificates were only valid for 6 months. This might be the case with the new ones --- definitely check into it before ordering.

GRF58

Yes, sorry for the duplicate posts. And thank you for the information. I have lived here over two years, I just got my perminent residence a few months ago. I realise I didn't word my original post as well as I should have. A helpful chap at the other forum said it should take about 8-10 months all in. There are no problems, everything is legit.

Noorah101

I just read your other post. I see you and your wife are both living in the UK. You can file the I-130 directly in London (by mail), and the process should take only about 6 months for your wife to get her Immigrant Visa.

Rene