Moving back to The USA

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Old Sep 16th 2018, 3:56 pm
  #1  
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Default Moving back to The USA

Hi all!
i previously had a green card that I surrendered as my husband and I felt it best for then kids to have a UK education. So I was out of the USA for longer than the allowed period.
I applied for that green card in 1997
20 years later we're about to start the process over again.
ive had a quick look through pinned posts and threads and I'm starting to stress.
Hubby (USC) will be filing the I-130 next month
what time scales are we looking at from start to finish?
what can I be doing/preparing in advance ready for medical/interview?
Would it be better if he flew over for the actual
interview?
Looking for general info and any wisdom you have for me?
thank you in advance
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Old Sep 16th 2018, 5:11 pm
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Default Re: Moving back to The USA

This is the incorrect forum for your questions. I am asking it to be transferred to the marriage-based visa forum.

As for timelines to get the IR-1 visa, since you are both living in the UK, he can do direct consular filing (DCF) and the timeline is approximately 6 to 10 months. Nothing much to do before the I-130 is approved by the USCIS office in London which is the first step and then you will be needing the medical, police clearance certificate, copies of all your US IRS tax returns and an approval affidavit of support.

Why does your husband have to fly over for the interview? Doesn't he live in the UK with you? If you are living apart, you in the UK and him in the US, then the time frame is increased to 12 to 18 months.

Last edited by Rete; Sep 16th 2018 at 5:13 pm.
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Old Sep 16th 2018, 5:27 pm
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Default Re: Moving back to The USA

Sorry thought I had posted in the correct part

thanks for moving to the right bit

no he is in the USA so filing from there
I am in the UK

he'll be filing the first forms next month
was hoping it would all go through by the end of this school year
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Old Sep 16th 2018, 5:28 pm
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Default Re: Moving back to The USA

Am I best waiting for the next stge after I-130 is filed before requesting copies of things so they are more "current"?
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Old Sep 16th 2018, 6:08 pm
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Default Re: Moving back to The USA

Yes, you are better off waiting. The medical can only be done when the I-130 is approved by the National Visa Center in the US and sent to London. There is a number you need that will be provided to you that allows you to have the medical. You will also need the police clearance certificate for the medical. Since the I-130 at present is taking 6 to 8 months stateside, I would strongly suggest holding off until you have I-130 approval and the affidavit of support approval for the police certificate. It is only good for a certain length of time.
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Old Sep 16th 2018, 6:11 pm
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Default Re: Moving back to The USA

Are the children from you and him and are they US Citizens? Why did you not become a USC before leaving? I realize that there is a difference in teaching methods between the US and the UK but could you not have stuck it out until you became a naturalized citizen? I know rhetorical question really as it is water under the bridge. Did your husband at least become a UK citizen while he lived there for 20 years?
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Old Sep 16th 2018, 6:22 pm
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Default Re: Moving back to The USA

Yes the kids are dual with both passports
the older two are 18+ so not unduly worried about them
Hes stayed mainly in the US so is only a US citizen
we were young and stupid so didn't know diddly
so get the I-130 filed and wait ?

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Old Sep 17th 2018, 12:38 pm
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Default Re: Moving back to The USA

Correct. The I-130 will take some months to process (and the wait is getting longer) so there's really no benefit in collecting other information now. Give it 6 months after the I-130 is filed and then start.
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Old Sep 17th 2018, 3:27 pm
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Default Re: Moving back to The USA

What do we think total processing times are ?is saying 6-12 mths reasonable???
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Old Sep 17th 2018, 3:38 pm
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Default Re: Moving back to The USA

More likely 10-12 in my opinion. 6 months I-130 to IR1 in hand is not going to happen.
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Old Sep 17th 2018, 3:57 pm
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Default Re: Moving back to The USA

Originally Posted by Kimi31 View Post
What do we think total processing times are ?is saying 6-12 mths reasonable???
My guestimate based on current processing times, as stated before, is 8 to 12 months. After living apart from each other for over a decade, even though it was because you didn't want your children to attend US schools, this will give you time to get your household in order before the move and another year to your separation.

Being that you have lived apart for such a long period of time, even with frequent visits of 2 to 4 times a year, I would be sure that I had solid proof of the continuity of your marriage over this period of time.
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Old Sep 17th 2018, 5:18 pm
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Default Re: Moving back to The USA

Yeah we're trying to gather all that info now (visit dates etc) we also had another child since I've been here
i said to hubby 6-12 mths he's got the American attitude of he's American so it will be quicker and easier
keep telling him to just do the I-130 asap and get it started
urgh
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Old Sep 17th 2018, 5:59 pm
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Default Re: Moving back to The USA

Tell him from a born American who has come through immigration for her husband, that as an American this is the QUICKER way.
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Old Sep 17th 2018, 8:17 pm
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Default Re: Moving back to The USA

I guess the fact he's so laid back and taking it all in his stride while I'm stressing is driving me crazy
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