Can anybody help me out with some questions I have on the immigrant visa?

So I married an American in the US last may, we then moved to the UK. My wife has just been offered a great job back in the US so we're moving back to the US. The problem I have is I've not done anything towards the VISA's and we're travelling to the US in December.

So I know I have some options but not sure which is the best way to go:

1. File I-130 in the UK, hopefully get a B-2 and spend up to 6 months in the US with the wife. Return to the UK to complete the interview and med exam

2. Get B-2 Visa travel to US and then change status and try for immigrant Visa in the US (don't know much about this).

3. Not sure if you can do this: Travel to US on Visa waiver and then apply for immigrant Visa while in the US.

Any info will be greatly appreciated

Hi there, welcome aboard.
You've got a little bit of a problem.. you can't move to the US in December.

Your wife can try to file an I-130 with London. They may not accept it as she hasn't been living in the UK all that long. How long exactly has she been there and what is her current immigration status in the UK?

You are unlikely to get a B visa approved. You may VISIT the US for 90 days on the VWP (if eligible).

It is illegal to enter the US as a visitor with the intention to change your status to immigrant. (#2 & 3)

Hopefully you have some room to be more flexible with your plans.

You won't be moving permanently to the USA in December, there's no way you'll have your immigrant visa by then. You might be able to go visit in December for a short while, though.

What's your wife's status in the UK? How long has she been living in the UK? She may be able to file the I-130 directly to the embassy in London, thus making the process faster for you (5 months as opposed to 8 - 10 months if the I-130 is filed in the USA).

If you qualify to use the VWP, you will find it very difficult to get a B-2, especially with your immigrant intent, so I wouldn't count on that.

If you qualify to use the VWP, you will find it very difficult to get a B-2, especially with your immigrant intent, so I wouldn't count on that.

It is illegal to come to the USA as a visitor with the intent to adjust status to permanent resident, so don't do that.

You cannot get an immigrant visa from within the USA. You must be outside the USA to get a visa to the USA.

It is illegal to come to the USA as a visitor with the intent to adjust status to permanent resident, so don't do that.

You cannot get an immigrant visa from within the USA. You must be outside the USA to get a visa to the USA.

I'd say right now, look into the Direct Consular Filing (DCF) process, as it sounds like your wife will qualify for that. She can return to the USA as soon as the I-130 is filed. You can visit the USA using the VWP while waiting for things to process, but must be back in the UK for your medical and visa interview.

Rene

Hi Guys,

Thanks for the info. I had a feeling there wasn't a easy way around this problem.

So I'm thinking my best option is to get my wife to file the I-130 in london and use the VWP to be with her in the US and become a man of leisure until we've completed the Visa process.

My wife has a UK Visa and she's been in the UK since last August.

If she's been living in the UK since August 2009, she most likely will qualify to file the I-130 there in London.

Since she'll be back in the USA before your immigrant visa interview, there won't be a question of her domicile. Make sure your wife understands the I-864 Affidavit of Support form, and what she'll need to show as her proof of income.

She filed a US tax return for 2009, right? She'll need to give you the most recent year (2009, or maybe 2010 if she files it early) to bring to your visa interview. Might be a good idea for her to give you the most recent 3 years, as sometimes that's asked for.

Rene

Here is the Wiki Guide to DCF: http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

Rene

Please say what year.. both your posts are unclear if it's 2009 or 2010.
The bare minimum is 6 months living in the UK to qualify to file in London.


And hey, enough with the leisure thing.. my DH was *very* productive when he was just laying around.. I'm sure your help will be appreciated!

Sorry my mistake August 2009 so we're well over the 6 months.

OK, so read the link from my sig a few dozen times, make a list of your questions and let's see if you can't get this organized and started before your wife needs to leave for the US.

Count on 5 months, start to finish, before you're able to move. Get ready for an adventure!

I didn't see anyone specify this: Your wife CAN move back to the US anytime - it's only you yourself who can't go in December. So she can still take this job if that's what you guys want to do. If she's eligible to file DCF she would need to do so before she leaves the UK, as others have said.

"You can't move" could be read as both of you, so I wanted to make sure it was clear.

Yes, sadly, the second person singular has almost vanished from modern English.

"Thou canst not move" would have been unambiguous (but also distinctly weird ...)