antrichard

I am a Uk citizen my wife is a us citizen. We have been married 2 years in Decemeber. We are currently residing in the UK. We were married in the US. I came back to the Uk and my wife followed me on a 2 year residency visa.
She is looking at returning to the uS next MAy once her residency expires and I wish to follow. However I will have about 10 months left to run on a degree I am doing. We were thinking that we could apply in the Uk as it is quicker. we would start the ball rolling so the visa came through just before she goes. I believe I would have to enter the country within 6 months however my course would not be finished then. What are my options? If I go over there and collect my visa upon entry am I able to then return to the Uk and come back a few months late when my course is finished? Or can i apply for an extension on the time frame? If so does doing a degree count as Ok mitigating circumstances? Or would it be better for her to jsut apply in The USA for me.? LAst question to your patient ears. Her sister is fairly well off and is willing to sponsor me. Would I need to get her to do the affidavit ASAP?

I appreciate your replies. This is 3rd time in my life I have had to go down the immigration highway. I'm determined this time its goona be a beautiful experience. NO, I'm not taking drugs!

ian-mstm

I believe y'all can DCF in London if she's resided in the UK more than 6 months. Either way though, if you go the immigrant visa route, once you have the visa, you'll become a PR the day you set foot in the US... and you can immediately turn around and return to the UK to finish your studies. With the right bit of timing, it should go smoothly.


Not ASAP, but certainly in time for you to submit the application forms!


Repeat the mantra: Immigration is an adventure! Immigration is an adventure! Immi...

Ian

Noorah101

I agree with Ian.

Rene

meauxna

It's only required that she file the petition in London while she is still living abroad; she can move back to the US the day after it is accepted if she likes.
ie, there is no reason for you to get the visa right before she leaves.

The typical petition-->visa process in London is 4-6 months and then the visa is valid for 6 months from issue (you must move over by then). If you enter the US but still need to complete things 'back home', it is possible to do so, but you should research futher what is involved with that.
You might not need to do it at all, if you choose when to start your visa process, or take the particular steps.
ex: a petition can be filed and approved, but you don't have to turn in the visa application immediately. There's a limit on how long the Consulate will keep the case active, but IIRC it's something like a year.

antrichard

Hey man , thanks for that. So if I am understanding right we file the I130 form first and that goes to London? and then once that gets accepted they will assign us a visa number? and then she can go back. How long can this part take. My wife is considering going back to America now in December, living in England has finally turned her to the dark side! We want to get the application sent off as quick as possible. Is there much additional info to get to go with it?

many thanks
Ant

meauxna

There are two parts to an immigrant application:

-The petition I-130
-The visa application

The petition is submitted to the USCIS Field Office located in the US Embassy London.
When it's approved, the notify you that they have sent it to the Consular (visa application people) Section in the US Consulate, located inside the US Embassy London.

The website for London has a comprehensive instuction set for people making this kind of application.
Read this article first for context: http://www.familybasedimmigration.co...read.php?t=824

Then go to this site and read through the pages regarding submitting a petition and later, applying for an immigrant visa:
http://www.usembassy.org.uk/cons_new...iv/immrel.html

http://www.usembassy.org.uk/dhs/uscis/i130filing.html

http://www.usembassy.org.uk/cons_new...ivprocess.html

http://www.usembassy.org.uk/cons_new...v/embassy.html


Look for the handy checklists there; they explain everything that is required with the I-130 and how to pay for it.
Get started now, and you may not be far behind your wife in coming to the US.
Have her pay particular attention to the information about the Affidavit of Support I-864 and make sure she's been filing her US tax returns as required.

Rete

You need 10 months you say to complete your schooling. If you send it in now it will be adjudicated in within 3 to 6 months top. If it is the lesser of that time then you are SOL since you need to remain in the UK for your schooling. The visa is only valid for 6 months. When do you finish school?

antrichard

I have discovered that I can continue with my study in the uS as my course is flexible and I could fly back to complete some modules. Therefore I would be looking at going in June. She would like to go back by December. She has been filing her tax returns but she didnt keep the record that they sent her. CAn she send of for a copy of this. If she is back in America when I file for the visa application with the Affidavit will it be easier to prove domicile as she would be living there then although she may not be in paid employment.?
Just wondered, when I send of the I130 application, how do they know she is living in the Uk at that time?

Rete

Proving domicle is NOT an issue. She can still be living in the UK with you and it will not be an issue. As long as you have made attempts to have a place to reside temporarily, i.e. a friend's or relative's place, that is all that is required.

If your wife cannot fulfill the requirement for financial support, then she still needs to complete the I-864 and you will need a co-sponsor, as well.

antrichard

have just printed off all the forms. When I printed off the G325 forms it prints off about 5 identical copies at one time. Its is only a 1 sheet document I take it and not multiple copies that have to be sent?
Q18 on the I130 asks where the alien relative intends to live. How do I answer this one if I have no idea as yet where we wil live.Are they wanting me to tap into some psychic abilities?
Q19 asks where we last lived together, would this be the current address we are living together at? or an address in the Us we lived together at 2 years ago?
Also the $355 fee, this is just for the petition is it? Is there another fee for the visa application. I was checking some other website which quoted a different figure than that one.

And lastly my wife doesnt understand how come we cant just file the petition and then she could leave. ie why does she need to be here whilst they are are processing the petition and how would they know.

Going through these immigration processes is quite a stuggle, facing the possibility of separation from your nearest and dearest all the uncertainty and fear that goes along with that and on top of that having to deal with a huge beauracratic body of information/misinformation that treats you as a number without much empathy to what your going through. With all that in mind I thank you deeply for the work you do. When I thought about it I felt really touched that you go out your way to do this and wanted you to know how just a few simple bit of guidance has helped me greatly and smoothed the edges of a usually bumpy ride. Thanks

Noorah101

Each G-325A consists of 4 identical pages (not 5). When you fill the form out online, it will print the same information on all 4 pages. Sign each page with an original signature, staple the 4 pages together, and turn that in as (1) G-325A.

If you have a relative or friend that you'll be staying with when you first get to the USA, you can use that address. If you know you'll be in a certain hotel for a while, you can use that address. If you truly don't know (which of course you won't, if you don't have a place lined up yet), just put "unknown".

Your current address where you live together.

Yes, this is for the I-130 petition. I'm not sure what other visa charges are involved, except for the visa itself (around $100 USD).

Who said she can't leave the UK after filing the petition?

You're right, immigration is sometimes confusing and frustrating. Just take deep breaths and look at it as an adventure. You are taking the fastest route possible to immigrate, so that should be reassuring.

Best Wishes,
Rene

Noorah101

It helps to remember that the I-130 petition is a general family-based petition, not only for spouses. Some of the questions sound weird to you, but not, for example, to a parent who is using this form to immigrate to the USA to be with their child who already lives in the USA.

Rene

antrichard

well someone replied earlier to my question saying that once the petition has been accepted then she can go back to the US. But your saying she can leave once the petition has been sent. A little unclear on that one. With regards the G325A I have printed off the 4 copies already from the library as I dont have a printer. Do I have to fill out each one with the same info?

Noorah101

That might have been me, who said to wait until it's accepted. The reason I say that is because if, for some reason, it's NOT accepted....she will have already left the UK, and would then have to file the I-130 from the USA instead. Makes sense to wait until it's accepted, so she can go back to the USA...her part will have been done once the I-130 is accepted in London.

Yes, all 4 pages need the same information. How about filling out one page, and then photocopying it 3 times, then putting an original signature on each page? That would be quicker.

Rene

Rete

Original signature should be in BLUE. It might say that on some of the forms but it is easier for the examiner to note an original signature if the ink is blue.