Married to US Citizen, both living in UK but moving back to US
 

Hi,

Mine's bit of a Ping Ponger situation. My husband and I are currently in the UK - he is on a Spousal visa. He is a USC and I'm a UKC.

Our plans have changed and we are planning to move back to the USA in a few months. I understand from some researching that there could be a long wait ahead for us here in the UK if we apply for the visas in the UK.

I was advised however, that it may be easier to go back to the US on my normal 90 day visa waiver and apply for an adjustment of status from there?

Has anyone done this? If so, what happens at the point of immigration in the airport?

Re: Married to US Citizen, both living in UK but moving back to US
 

Not sure that is correct, you cannot just go to America and change your status because you are married its illegal or everyone would do it.

If you qualify to apply direct to the consulate in the London, because the USC spouse has been living in the U.K whole process should take 3-5 Months I think.

So if you have been married less than two years you would be applying for CR-1 visa, and if longer a IR-1 visa.

Also I think if you leave your husband will be abandoning his U.K status, I am sure you know that already, but have you considered staying in the u.k long enough for him to become a citizen? Then moving to the states...

Re: Married to US Citizen, both living in UK but moving back to US
 

I think if you go there on VWP and adjust status within the 90 days, its a much longer process, costs more money, more forms and is harder for you to prove you did not go there with intent on staying. especially seen as you would have given up your life in the U.K and moved there.

if you apply in direct in the u.k, you will have your visa as soon as you arrive in the usa, so you would have nothing left to do, you can start work straight away. AOS from being in the states, does not give you this option.

Re: Married to US Citizen, both living in UK but moving back to US
 

[QUOTE=gnasher12;9276729]I think if you go there on VWP and adjust status within the 90 days, its a much longer process, costs more money, more forms and is harder for you to prove you did not go there with intent on staying. especially seen as you would have given up your life in the U.K and moved there.

if you apply in direct in the u.k, you will have your visa as soon as you arrive in the usa, so you would have nothing left to do, you can start work straight away. AOS from being in the states, does not give you this option.[/QU



Thanks for the reply. Where can I find the waiting times from the UK?

Re: Married to US Citizen, both living in UK but moving back to US
 

Re: Married to US Citizen, both living in UK but moving back to US
 

Thanks - about a 10 month recommendation time...

Re: Married to US Citizen, both living in UK but moving back to US
 

Not in practice usually, if your husband qualifies for filing in the UK (what's called "Direct Consular Filing" or DCF on these forums). The time varies depending on the degreee to which the London Embassy have caught up / slipped back with their backlog but it usually takes 5-6 months from sending the initial petition to having the immigrant visa in your passport. We did it last year, filing in May and I had my visa late October.

Re: Married to US Citizen, both living in UK but moving back to US
 

I would stick to the 10 month recommendation time. Whilst it's true that earlier last year people were approved within the six/seven month time frame, that doesn't seem to be the case now. I would recommend that you be prepared for a long wait, around 10 months. Have a read of the wiki information but add on a few months to the time frames posted there.

Re: Married to US Citizen, both living in UK but moving back to US
 

Wow!

Re: Married to US Citizen, both living in UK but moving back to US
 

OK, hold on here. You first need to tell us how long the USC has been living in the UK, then we can accurately tell you which method you should take (filing the I-130 to London..which is called Direct Consular Filing or DCF, or whether you need to file the I-130 to the USA).

If the USC has been living in the UK for 6+ months, you can do DCF and the processing time is only about 5 months. This is your absolute quickest method of getting to the USA. You get an Immigrant Visa, and once you enter the USA using that visa, you become a US PR upon entry. It's the best.

If the USC has not lived in the UK for 6+ months, then you must file the I-130 to the USA, and it's the 8 - 10 months procedssing time frame. You still receive an Immigrant Visa, and become a US PR upon entry, it's just a longer processing time.

The one thing you should NOT do is enter on the VWP and apply to adjust status. It's illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident, so don't do that. USCIS is cracking down on people who do this, and you risk a permanent ban from the USA.

You can find the DCF process in our Wiki Guide. There is also a CR-1 Immigrant Visa process Wiki. There are also literally hundreds of posts about people coming on the VWP and adjusting status.

Rene

Re: Married to US Citizen, both living in UK but moving back to US
 

That makes much more sense. thanks

Re: Married to US Citizen, both living in UK but moving back to US
 

Your post is full of misinformation. The VWP express is the shortest process for many, it's cheaper, and there are fewer forms. Sure, it does have some disadvantages, but there is no point in spreading misinformation about it.

Re: Married to US Citizen, both living in UK but moving back to US
 

Interesting...do many people go in through the VWP route and then adjust their status in the US?

Re: Married to US Citizen, both living in UK but moving back to US
 

Yes.

Re: Married to US Citizen, both living in UK but moving back to US
 

What happens at the port of entry interview though?