kej55

My wife is a US citizen who has moved back tere after 8 years in the UK. I retired early from my job here in the UK and applied for a PRC via the I130 process - 1st stage is approved and we have paid the $80-odd dollars to get consular processing started. While waiting for this I am visiting via the VWP but nervous about this 180 day rule.......does it work on a calendar or rolling year?? I am being careful as I don't want to upset the apple cart......I have no 'immigrant intent' until the proper process is completed.
Also, I have no idea when I will get the call for medical and interview etc - am planning to be in the USA from Late April/May for 12 weeks but don't want to miss the app't or have to fly back just for that......called the centre in the USA but they wouldn't be drawn. Final worry is that my GP has no records of my childhood immunisation jabs - it was all a long time ago and the records just aren't there (I am 57).
Sorry to ramble but would apprecate any thoughts.
Thanks,
Kevin

slummymummy

When did you file the I-130? Our latest approved immigrant visa had his interview and got the visa 4 monts after filing.

See this thread http://britishexpats.com/forum/showt...763941&page=10

Edit: Sorry, did your wife file via London (DCF) before she left or via the US? Waiting times are longer from the US. But since you already got the first approval you should be able to compare your timeline with the London thread.

Apfelkuchen

By '80 odd dollars' do you mean you have paid the $88 Affidavit of Support processing fee invoiced by the NVC? Have you done anything else beyond that? If not you can delay the process by holding off for a while on submitting the rest of your paperwork to the NVC. My husband and I paid the Affidavit of Support fee on December 26th and proceeded to pay/send in everything else pretty much as soon as it was requested (with only a couple of days delay sending in the DS-230 after the IV processing fee had been paid). I received my interview appointment letter on January 30th. The interview is tomorrow, March 12th.

slummymummy

Or, alternatively, don't go for your trip but instead get ready to move as you probably don't have to wait that long for your visa.

Good luck Apfelkuchen!

kej55

Thanks all......we filed in the USA last July and got the initial approval in January. The last payment was for the processing fee. Let's hope it all happens soon..........good luck to everyone!!
Kevin

Apfelkuchen

Thank you!

slummymummy

As for the jabs you could either just have them or get a blood test to show you're immune but this is not cheap. (I did it but that was mostly because I was breastfeeding at the time and I'm a paranoid person...) Some stuff you probably do need, like the tetanus booster. They will do the vaccinations at the medical appointment but it's cheaper if you have it done before at your GP's office.

Does someone have a recent link to what vaccinations are needed?

jeffreyhy

You applied for a what? What is "this 180 day rule"? People who visit the USA using the VWP are allowed to stay for up to 90 days. Regards, JEff

kej55

Thanks again........my GP said he would do whatever was needed to help

slummymummy

I think he meant Permanent Resident Card but I wasn't sure either! But it's clear from the post that he means an immigrant visa. One of course gets one's permanent resident card after one enters the US on one's immigrant visa.

slummymummy

Also, you will need a police certificate, I hope you don't have a criminal record? You might still be ok even if you do but it's better not to.


++++++++++++
Apfel - my contact at the embassy in Germany told me your syphilis blood test came back positive............................... (just kidding!)

Noorah101

Just to be clear, you're applying for an Immigrant Visa, not a PRC (I assume you mean Permanent Resident Card?).

You mean the I-130 was approved?

$80-odd dollars is not to get consular processing started. That sounds more like the fee to file the I-864 Affidavit of Support.

What 180 rule is that? You can stay up to 90 days per visit on the VWP, that's the rule. If you stay more than 180 days inside the USA per calendar year, you could be liable to file a US tax return...but since you're married to a USC, you're probably being included on hers anyway (if she files married jointly).

You may end up having to fly back just for that, if you are in the USA when the interview date rolls around. You can set your own medical exam appointment so you have some control in that area.

I'm not sure what "be drawn" means, but and I'm not sure exactly who you called, but you can contact NVC to see where you are in the process. NVC is the one who sets the interview date.

That's OK, the panel physician at your medical exam probably has a way of finding out what you've had done, either by your age and where you're from, or by doing a titre test.

Rene

kej55

Thanks slummymummy - cleared that up!! I know the VWP allows for a 90 day stay but the 180 day 'rule' was quoted to me by an official at Houston. I think it's more a guideline to prevent people abusing the VWP and avoiding the proper process e.g. staying for 3 months, leaving for a week and then trying to re-enter for a further 3 months and so on.......at least that's what the official was saying. Clearly, I'm trying to do things right but wasn't sure about how they may calculate the time. I suspect I just need to be very clear with them if I go across before the visa is approved

Noorah101

There is no such 180-rule. The only law is that you can only stay up to 90 days per visit, and if you overstay, you can never use the VWP again.

The best rule of thumb is to spend more time outside the USA than inside, and don't make back-to-back VWP trips. So, if you spend 89 days in the USA, you should spend 90+ days outside the USA before attempting another VWP visit, for the best possible results at the POE. Not a law, just a way of lowering the risk of being turned away at the POE.

Rene

kej55

My first time asking for help on this site - overwhelmed by all the help. Thanks so much
K