Ready to apply for spouse visa
 

Hi!

I am American, and my husband is English. We got married in the US just a few weeks ago, on June 4th. He has since returned to the UK. We were going back and forth on which one of us would be applying for a visa, because he plays football in the UK. However, it looks like he won't be signing for a new team this season, which means a visa for me in the UK is no longer an option.

The good news is that we both wanted to live in the US permanently, anyway. So now that means he gets to apply to live over here sooner, rather than later! And I don't have to be so cold in England ;)

I have looked in to the details of applying for the US visa, but it's all so confusing. I have utilized the UK-Yankee forum for all of my questions about me applying to live in the UK, and I've learned so much from them. I can't wait to learn more about the US process with your help!

So, I guess the main question is, where do I start? I'm assuming it's the "Immigrant Visa for a Spouse of a US Citizen (IR1 or CR1)." And I guess that leads me to the next question, which is, is that even the right one? I am a born and raised US citizen, he is a born and raised UK citizen. He has had US visas before as a college student and for one year after he graduated. Both of those visas ended well, and he didn't overstay or anything like that.

Thanks for your help! I'm looking forward to feeling as confident with this visa as I am about the UK visa. :)

Re: Ready to apply for spouse visa
 

You have identified the correct visa types, and your husband will need a CR-1 as you have been married for less than two years.

Because you live in the US you will start the process in the US and overall it will take about 8-10 months, so if you file the first forms in the next few days you husband will likely get his visa some time in March or April next year.

Do you have sufficient income (just over $20k pa gross) to sponsor your husband for a visa application? If not you will need a joint sponsor, someone with higher income who is willing to pledge support.

Re: Ready to apply for spouse visa
 

I would like to file the petition as soon as possible in the next couple of days. It's just a matter of being positive that this is the route we should go before officially committing!

I do not have the sufficient income, so I am planning on using my mom as a joint sponsor.

When applying for the UK visa, you can pay around 550 pounds to "move to the front of the line." Is there any kind of option similar for the US visa? 8-10 months is definitely a pretty long wait.

Thank you so much for your quick response :)

Re: Ready to apply for spouse visa
 

No.


He is allowed to visit during the visa process... and so are you.

Ian

Re: Ready to apply for spouse visa
 

Do y'all recommend hiring an immigration attorney? Neither of us have any kind of convictions or criminal record. We have also never had any troubles with visas in the past. Just wondering if it's worth it to have a professional look over all of the documents before it's all paid for and sent over.

Re: Ready to apply for spouse visa
 

Based on what you described, and absent your husband obtaining a work visa, the CR-1 is the only route you have to get a visa for your husband to live in the US.

The good news is that he'll be free to work the moment he clears immigration in the US arriving with his CR-1 visa, literally right there in the airport if he had a job to go to. There is nothing to stop him using a visit late in his visa process to start searching for work, meeting potential employers and attending interviews. .... I did exactly that myself, and had a job lined up for when I arrived, starting work six days after I arrived on my CR-1, and before I even had my SSN.
There isn't, and if you don't have sufficient income to sponsor a visa for your husband without a joint sponsor, I would suggest it's a good thing, because you can't afford an additional $750 on top of all the other expenses you face.
You're welcome. :)

Re: Ready to apply for spouse visa
 

No, it is entirely unnecessary so long as you can read and complete tedious government forms, many if which appear repetitive, or unless there are complications such as your husband having a criminal record, or you having convictions for spousal abuse.

Your friends here at BE can field pretty much any questions you might have about the forms and the process. :)

Re: Ready to apply for spouse visa
 

We were lucky enough to receive enough money through wedding presents to pay for our visas/travel expenses! Because I had been assuming I would be applying for the UK visa, I have put enough away to afford that one, which is more expensive than the US visa.

Re: Ready to apply for spouse visa
 

I might add that, by having already correctly identified the appropriate visa based on her own research the OP is already well ahead of many of the other first time posters here in demonstrating her ability to handle this.

Re: Ready to apply for spouse visa
 

Exactly! :nod:

Re: Ready to apply for spouse visa
 

Thank you! :) I think what's so scary about the visa process is that even though you think you might understand something, it's so specific to exactly what the government is asking for, and if you're wrong, it could potentially keep you from living with your spouse/family. Very intimidating stuff for people who have never done it before!!

Re: Ready to apply for spouse visa
 

We understand, few of us have been through the process ourselves more than once.

Re: Ready to apply for spouse visa
 

8-10 months I would say is optimistic, but it will be what it will be.

Re: Ready to apply for spouse visa
 

Unfortunately, there is no same-day or express processing. You just have to file and wait...and wait and wait. Luckily you can both visit each other as much as you please during the waiting.

Have a look at the i-130 petition and come back with any questions! Get that off ASAP, then at least you'll have a long time to gather the rest of the documents/evidence you'll need for the next part.

Re: Ready to apply for spouse visa
 

Okay, I've been filling out the I-130! I only have a few, fairly simple questions.

1. On page 6 of 12, part 25 says "Provide information about the beneficiary's spouse and children." However, part 21, on the same page, already asks for information on the beneficiary's spouse. Do I fill this out twice? We do not have any children, so it would just be my information again.

2. This one is probably obvious, but I just want to be sure. On page 7 of 12, part 45 asks "Was the beneficiary ever in the U.S." Does that literally mean were they ever here? Even just to visit? I'm assuming so, so I checked yes. Just want to be sure!

3. Also on page 7 of 12, part 53 asks "Was the beneficiary ever in immigration proceedings?" I checked no, and I obviously need to double check this with my husband, but he did have a student visa for 4 years and another one that lasted a year after graduation. Nothing ever went wrong with those, but he did have to be interviewed at the embassy when receiving the visa. Does this count?

4. On that note, I didn't see anywhere in the petition where it asked for any former U.S. visas. Is that okay? Do you think it's important to let them know he has lived here before as a student? (There also could have been a section for this and I just didn't realize it.)

5. On page 8 of 12, part 59 asks if my spouse and I have "ever physically lived together." If we haven't lived together, it says to write that. My husband and I are recent college graduates, and have never owned a house or rented an apartment together. We have, however, stayed together in the same house/apartment (whether it's mine, his, or our parents') every time we're in the same country. Are they only asking for addresses of places we have owned/signed for together? For now I wrote "never lived together."

6. I did not use an interpreter or a lawyer, so do I need to attach pages 10-12 that ask for their information?

And I think that might be it! Thanks again for being so helpful with this process!