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-   -   Timing - moving to the US and Visa Approval (https://britishexpats.com/forum/marriage-based-visas-35/timing-moving-us-visa-approval-859901/)

Teuchtar Jun 10th 2015 2:58 am

Timing - moving to the US and Visa Approval
 
Hi
We (me UK, Husband US) have received our notification of the I-130 petition so we are moving on to the next stage of applying for my visa.

We have a dog and do not want to transport him to the US by plane so we have managed to secure the last kennel on the QM2 leaving in Jun 2016 to New York.

That changes our timeline somewhat. As I understand it we have two options:

1. Progress with the visa application as normal and if the visa is approved, we would both enter the US within 6 months. If this is before Jun 2016 then we would return to the UK and then leave for good when Jun comes around. Based on current timelines on BE, the visa could be approved by October, or even earlier.

If that's the case, we would both enter the US within 6 months (of the medical exam date) which would be well before the sailing date in June so we would need to return to the UK and wait until we could get on the boat.

2. Delay the process and time it so that the medical exam date was within 6 months of the sailing date so that there was no need to return to the UK.

In both cases, I would be expected to attend a conference in March 2016 with my current job, the conference is in the US...which means that we would need to postpone having the medical until after I returned....which makes it tight to get the visa approved by Jun 2016.

The advantages to Option 1 is that I have the visa in hand, so to speak (assuming approval) and we can use the extra time to visit his family in the US and generally take our time packing and putting our house in order for the big move. We would have my plastic (Green)card posted to his brothers house for me to collect at a later date and there would be no issues in attending the conference in March as I would have my visa endorsed on entry when we visited his family...

So, I 'm favoring Option 1.

Can anyone see a flaw in our plan or is there a 3rd option?

Thanks

Guindalf Jun 10th 2015 3:20 am

Re: Timing - moving to the US and Visa Approval
 
The only flaw I can see is the possibility of not being able to work once you arrive in the US until you have your green card in hand and possibly EAD as well. I noticed that someone I met last week had his EAD and it was also for AP, allowing him to travel out of the country and re-enter without issue.

I say all this because you mentioned your work. Is there a US-based office of the same company or another opportunity for work in sight or will you be planning on not working for a period after you arrive?

What is the objection to flying your dog out? Msny many people do it without any problems. Of course, I like the idea of sailing trans-atlantic on the QM2, but I love to cruise anyway!

Good luck with whatever you decide.

Noorah101 Jun 10th 2015 3:36 am

Re: Timing - moving to the US and Visa Approval
 
It sounds like the OP is getting an immigrant visa, so will become a US PR upon entry to the USA. No EAD or AP in this case.

Rene

Teuchtar Jun 10th 2015 3:39 am

Re: Timing - moving to the US and Visa Approval
 
Hi

Yes, sorry I should have clarified, it's an immigrant visa through marriage (8yrs) husband is UK/US Dual Citizen and has lived in the UK for 8yrs). We are applying via London using DCF

Thanks

Teuchtar Jun 10th 2015 3:41 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by Guindalf (Post 11671711)

What is the objection to flying your dog out? Msny many people do it without any problems. Of course, I like the idea of sailing trans-atlantic on the QM2, but I love to cruise anyway!

I wouldn't put a human in the hold so wouldn't want my dog in there either. Totally respect that others have done and will do, but it's not for me. And besides, the QM2 is too much of an attraction...it's worth the delay just for that experience ;)

ian-mstm Jun 10th 2015 4:26 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by Guindalf (Post 11671711)
What is the objection to flying your dog out? Msny many people do it without any problems.

Some people do have problems, and for at least one member here, their dog died as a result of being in the hold.

Ian

ian-mstm Jun 10th 2015 4:32 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by Teuchtar (Post 11671691)
... is there a 3rd option?

There may be a 3rd option - have the medical sometime between January (within 6 months of the June departure date) and before you leave in March and simply delay submitting the readiness form until after your March trip. The interview will likely be sometime in April or early May.

Ian

Pulaski Jun 10th 2015 5:52 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by ian-mstm (Post 11671749)
There may be a 3rd option - have the medical sometime between January (within 6 months of the June departure date) and before you leave in March and simply delay submitting the readiness form until after your March trip. The interview will likely be sometime in April or early May. .....

That would be my preferred option, and I was surprised that this wasn't an alternative presented by the OP. It seems to me to be the easiest and most straightforward option.

Teuchtar Jun 10th 2015 6:29 am

Re: Timing - moving to the US and Visa Approval
 
Hi

Thanks. Option 3 does make sense, I guess the only reason that it never occurred was because a) sometimes it's hard to think rationally about a unique (to me) and life changing situation and b) because it means the uncertainty and the wait associated with that uncertainty increases...I was thinking that getting the visa secured was the priority. I have no reason to think it won't be approved, but you never know and I don't have a lot of wriggle room if I wait for the interview in April having forked out a LOT of money for a one way trip...

Option 3 will be added to the list with the associated pros and cons...thanks so much

Pulaski Jun 10th 2015 7:06 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by Teuchtar (Post 11671827)
..... I was thinking that getting the visa secured was the priority. I have no reason to think it won't be approved, but you never know ....

When you are married to a USC, unless you have a drug habit, a communicable disease, or a connection to a terrorist network/ regime, I would bet $1million on you getting a visa. :nod: ..... A recent thread, that got a post-script post today, concerned a USC married to a (IIRC) Moroccan citizen; his visa was delayed by about a month, with the OP assuming there were concerns over the genuineness of the marriage, which were soon overcome.

Teuchtar Jun 10th 2015 7:12 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by Pulaski (Post 11671852)
When you are married to a USC, unless you have a drug habit, a communicable disease, or a connection to a terrorist network/ regime, I would bet $1million on you getting a visa. :nod: ..... A recent thread, that got a post-script post today, concerned a USC married to a (IIRC) Moroccan citizen; his visa was delayed by about a month, with the OP assuming there were concerns over the genuineness of the marriage, which were soon overcome.

I was aware of that situation and I guess that's why it hits home that actually nothing is certain...I know then UK process intimately having been through Fiancé visa all the way to citizenship for my husband and I know that the goal posts changed many times throughout...so, like I say, you never know. But happy to take your advice, but not the bet :)

Pulaski Jun 10th 2015 7:41 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by Teuchtar (Post 11671858)
I was aware of that situation and I guess that's why it hits home that actually nothing is certain. ..... But happy to take your advice, but not the bet. .....

Good. I don't have a spare US$1million lying around! :lol:

Teuchtar Jun 11th 2015 12:04 am

Re: Timing - moving to the US and Visa Approval
 
Option 3 it is...after much discussion and lists.

The only inconvenience is that I already applied for my Police Certificatewhich will be outwith the 6 months validity by the time the interview and medical come around...but no biggie.

Thanks to Pulaski and ian-mstm for being so logical!

Noorah101 Jun 11th 2015 12:17 am

Re: Timing - moving to the US and Visa Approval
 
Police reports are valid for 1 year for immigration purposes.

Rene

ian-mstm Jun 11th 2015 12:18 am

Re: Timing - moving to the US and Visa Approval
 

Originally Posted by Teuchtar (Post 11672531)
The only inconvenience is that I already applied for my Police Certificatewhich will be outwith the 6 months validity by the time the interview and medical come around...but no biggie.

For US immigration purposes, the police certificate is valid for 1 year... even if it says it's valid for 6 months.

Ian


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