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Help on eligiblity to DCS file the I-130 in the UK

Help on eligiblity to DCS file the I-130 in the UK

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Old May 12th 2005, 10:22 pm
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Default Re: Help on eligiblity to DCS file the I-130 in the UK

Originally Posted by Pete&Shan
If I have to file the forms in the US, can my husband travel over while we wait?
You mean that you will both visit the US together while waiting for the approval? You did get the part where we said you (Shan) don't have to physically move to the US to file the I-130 there, right? Just making sure...

Elaine
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Old May 12th 2005, 10:23 pm
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Default Re: Help on eligiblity to DCS file the I-130 in the UK

Originally Posted by Pete&Shan
What is a CR-1 Immigrant visa? I know about the I-130 and the K-3, but dont know what you mean by CR-1.
A CR1 is the immigrant visa you would receive after consular processing of the approved I-130.

Elaine
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Old May 12th 2005, 10:33 pm
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Default Re: Help on eligiblity to DCS file the I-130 in the UK

Originally Posted by HunterGreen
You mean that you will both visit the US together while waiting for the approval? You did get the part where we said you (Shan) don't have to physically move to the US to file the I-130 there, right? Just making sure...

Elaine
I basically want to move over to the states on our timetable, regardless of the immigration process. I keep getting conflicting information. I live here in the UK, but have not lived here long enough to do DCF. I can mail the I-130 to the states, and we can have a U.S. address right away, but what I want to make sure is can we move together when we want (around September) and can we go ahead and continue to file paperwork and keep things moving. I seem to read that my husband (once the I-130 is approved) can travel to the states and we can apply for the process to continue there.

I am almost ready hire a lawyer and let them take care of everything.

ugh.
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Old May 13th 2005, 1:50 am
  #49  
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Default Re: Help on eligiblity to DCS file the I-130 in the UK

Ok here is the latest - I went ahead and called the embassy and asked the question about the limited leave to remain. The lady I spoke to said I could file in London. Then she put me on hold to double check and came back and said it was basically up to them to decide if I would be accepted but that I should try it and to provide plenty of documentation to prove that I live here, work here and this is my home. She says they deny them if the people are just here 'passing through.' She confirmed that since I can work on the visa, I should be fine.

will send off the forms on monday and hope for the best!!!!!

Shannon
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Old May 13th 2005, 6:08 am
  #50  
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Default Re: Help on eligiblity to DCS file the I-130 in the UK

Originally Posted by Pete&Shan
What is a CR-1 Immigrant visa? I know about the I-130 and the K-3, but dont know what you mean by CR-1.

Thanks


Shannon
Hi Shannon,

Filing the I-130 petition will lead to a CR-1 visa if you've been married less than 2 years. Filing an I-129F in addition to the I-130 wil lead to a K-3 visa.

The CR-1 visa is the same as an IV immigrant visa. CR = Conditional Resident.

I'm thinking maybe the Visa is actually an IV, and the "status" is CR-1.

We didnt' go that route, so I'm just repeating what I've tried to learn from this forum.

Rene
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Old May 13th 2005, 6:15 am
  #51  
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Default Re: Help on eligiblity to DCS file the I-130 in the UK

Originally Posted by Pete&Shan
I basically want to move over to the states on our timetable, regardless of the immigration process. I keep getting conflicting information. I live here in the UK, but have not lived here long enough to do DCF. I can mail the I-130 to the states, and we can have a U.S. address right away, but what I want to make sure is can we move together when we want (around September) and can we go ahead and continue to file paperwork and keep things moving. I seem to read that my husband (once the I-130 is approved) can travel to the states and we can apply for the process to continue there.

I am almost ready hire a lawyer and let them take care of everything.

ugh.
Hi Shannon,

Just in case the DCF doesn't work out for you....then your plan as outlined above will *not* work for you. You can't file the I-130, and then *move* to the USA permanently until your husband has some kind of legitimate visa to use to move here (either the CR-1 or the K-3). He can try to come *visit* in the meantime, but he can't move permanently until he has the correct visa in hand.

You might have to face the fact that you *might not* be able to both move permanently to the USA in September, if his visa process takes longer than that.

I sure hope the DCF works out for you, it will be the most direct route and least hassle on your part. I also hope that if you *do* get to file DCF, that it's approved by September so you can follow your original plan. Be aware again, that even if you do DCF and for whatever reason his CR-1 visa is *not* approved by September, he won't be able to permanently move to the USA yet.

Best Wishes,
Rene
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