Kimi31

Rete

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.

Kimi31

Kimi31

Rete

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.

Rete

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?

Kimi31

civilservant

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.

Kimi31

civilservant

More likely 10-12 in my opinion. 6 months I-130 to IR1 in hand is not going to happen.

Rete

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.

Kimi31

Rete

Tell him from a born American who has come through immigration for her husband, that as an American this is the QUICKER way.

Kimi31