Wilto

I am a UK citizen.

I recently married an American citizen in the UK.

She has limited leave to remain in the uk until May 2010.

We are looking to move to the US of A in the next few years so if I'm right it's quite a long drawn out process to get a visa in to the states, correct?!

Anyway I will be going to the States on a spouse visa, and I have the form I-130, petition for Alien relative.

I'm just wondering if we pass this initial form, what comes after the I-130 form?

Medicals, police checks, interviews?

I am 21 have a clear criminal record, have good health and have a good degree, I would think my chances of getting a visa are pretty good, but if anyone could enlighten me on some hints and tips that would be fantastic!

Ray

Follow the flow chart

http://www.familybasedimmigration.co...read.php?t=824

ian-mstm

It is time consuming, yes, but it is a fairly straightforward process.


Your wife should submit this form (and supporting docs) to London. They will either accept it or reject it. If they accept it, well and good... things will go fairly quickly. If they reject it (since she doesn't have ILR and London is a bit picky about the applications they accept) it will be returned to you and it will need to be filed in the US. This will add about 4 months onto the estimated time it'll take for approval. See... not hard, just time consuming.


Once the form is accepted (either in London or the US) you will eventually be asked to take a medical (in Knightsbridge), you will need a police check (you can do this yourself at any time... it's valid for a year), and you will have an interview. If the interview goes okay, you will be asked to leave your passport and it will be sent back to you by courrier a few days later with the visa in it. When you enter the US with your immigrant visa, you will immediately become a US permanent resident with authorization to live and work in the US. If you check the box on the application form you will receive the physical Green Card a few weeks later in the mail as well as a SS#.

Ian

Noorah101

What will be important is that she has lived in the UK in a permanent type of status for 6+ months at the time she wants to file the I-130 there. This process is unofficially called Direct Consular Filing (DCF) (we call it that here on the forum, it's not a term the embassy will know.)

Not really. At the moment, DCF is only taking about 4 to 6 months to process, so if you're not planning to move for another few years, you will want to wait and file the I-130 about 8 months or so before you want to move. Once the visa is issued, you have 6 months to use it.

Yes, Yes, and Yes.

Sounds like it will be a quick and easy process for you, in a few years, if nothing changes in the rules to prevent you from filing DCF.

Best Wishes,
Rene

Wilto

Thanks Ian!

Now what kind of documents are accpeted as evidence of bonafide marriage?

Pictures on holiday?

Another question what are the fees beside the $335 for the submittance of the I-130 and G325 form?

Wilto

Thank you very much Rene!

Don't tell my wife that we have 6 months to use it....that is a definite excuse to go within a year!

She's desperate to go back to sunny Florida, as am I, but really want to build up some more work experience (am currently a section manager for Marks and Spencers, the longer I stay the better it looks!and the pay is good compared to US$$$$)

Noorah101

That, plus US tax returns showing that she filed "married", joint banking, joint credit cards, joint mortgage/lease paperwork....that kind of thing.

No sense really talking about the fees until you are ready to file the I-130. Fees can increase in the couple of years until you guys are ready to make the move. Also, to my knowledge there is no fee for the G-325A form at all.

There will be the cost of the medical, the cost of the police report, and a visa fee (not sure how much that is now, and it will probably be more in the next couple of years anyway).

Rene

Wilto

Ok that is true Rene.

She has lived here in the UK for 5 years so yeah.

We have only lived together since being married but yes we do now have a joint bank account. Only I'm on the lease for the house though, cheaper that way in terms of admin fees.

Righteo well will keep this thread in my bookmarks for the future, will report back!
Thanks for your swift assistance!

Wilto

Oh yeah one more thing.....

Section C.18 of the I-130 asks

Address where your relative intends to live.

Now until I have the visa and a job secured in the US that's going to be virtually impossible to say. Obviosuly my wife has family in the USA, is it ok to put the address of one of her relatives obviously with their permission and then notify the people who need to know once we get to the US and move to our new house?

Noorah101

Yes, that's perfectly acceptable.

Just to make sure...you are not planning on turning in the I-130 anytime soon, right?

Rene

Wilto

Correct.

We are looking to moving in 2-3 years. So apply in 2ish years,

We did not realise that it's relatively painless and quick.....less than a year and that visa then has to be used within 6 months.

Want to save a bit more money for deposit on house etc....more money we earn here and save the better tbh!

Noorah101

Sounds good. Keep in mind what Ian said about taking longer is the I-130 is filed in the USA. Who knows in a couple of years what will happen to DCF, or if your wife qualifies at that time (although if she's been there 5 years already, 7 years will probably qualify her...if they still allow DCF at that time).

In case DCF goes away, or she doesn't qualify, it can take about 8 to 10 months to get your visa in hand when the I-130 is filed in the USA. Of course that's by today's timelines...that could also change in 2 years.

Best Wishes,
Rene

meauxna

Take a look at the US Embassy link in my signature also. It describes what the process is *now* for filing an I-130 in the UK and answers a lot of the Qs you brought up in this thread.
Get familiar with the terms, and then when it is about 8 months before you 2 want to move, you can start your immigration process. Be prepared that thing can and probably will change (a little to a lot) in the next couple of years.

JAJ

Does she want to get her British citizenship before she leaves?