virginiadare

Hi, I went to the USA on an 18 month J-1 and I met my husband over there. We married last april and have since been living in the UK - in Northern Ireland. I never adjusted the stauts of my j-1 when I was in the US as we knew we were returning to the UK. Also, I did check and there was no 2 year home residency rule on my j-1. My husband recieved a UK spouse Visa in may but we are now interested in returning the the USA and was wondering if this is possible? I know when we applied for the british visa the UK consulate said we may have some trouble returning as it may take a long while for me to get a US spouse visa? Can anyone offer any advice on how long it would take or if it is possible? Can we apply at the US consulate in London?

Noorah101

Depending on your husband's status in the UK, you might be able to DCF directly through the London consulate. What's your husband's status in UK? DCF probably takes a few months to process.

If not, he will have to send the I-130 to the service center in the USA where you will plan to live once in the USA. This route could take around 6 to 8 months.

Best Wishes,
Rene

scrubbedexpat099

Can't you go through the Consulate in Belfast.

Seems that London has been taking some LLR's, depends on how long you have been in the UK, 9 months seems to be the dividing line, check because DCF is so much easier.

virginiadare

My husband is on a regular UK spouse visa which was issued mid June 2006 and vaild for 2 years. He entered the UK as my spouse with this visa. He does not have indefinate leave to remain yet as they said that would take 2 until he would be able to apply but, we really don't want to do that as we wish to return the the USA (Baltimore, MD). Can we do DCF? Also if we go the I-130 route can I enter the USA with him and work or do I have to remain in the UK?

Noorah101

Doesn't sound like you will qualify to do DCF.

Once he sends the I-130 to the USA service center, you can visit him during the process, but if you're on the VWP, you can't work. Be prepared to show proof of your ties to the UK so the POE officer won't think you're trying to immigrate. Also, your husband will need to sponsor you on the I-864 Affidavit of Support, so make sure he qualifies for that.

Best Wishes,
Rene

scrubbedexpat099

Chances of DCF is slim to nilm but all down to the Consulate, does no harm to double check, you might get lucky.

You can enter with him etc if he waits for all the paperwork, maybe a year.

virginiadare

When would we qualify for DCF? If we stay in the UK for a year would that better our chances? Or would we have to wait longer? In short, what is the easiest route to take to get me back to the USA with him?

virginiadare

I've not heard of the I-864 affidavit of support. Culd you tell me a little more about that. Also could you tell me how long does the 1-130 process generally take? I know you mention 6-8 months but does it differ if you relocate to specific areas of the USA i.e do different states have different waiting times?

scrubbedexpat099

To be certain of DCF London you need ILR status, but it 'seems' that they are accepting those with LLR who have been there a year.

I-864 is on USCIS.gov, an affadavit of support by a USC or Resident.

Noorah101

Hi Virginia,

Go to www.uscis.gov, click on Forms & Fees, and then find the I-864 Affidavit of Support. The USC will need to qualify on this one.

Yes, different service centers in the USA process the I-130 at different speeds according to their backog. However, you must use the service center that has jurisdiction over where you live. You can't just choose any service center you want. The information on service center processing times is also at www.uscis.gov, find the section that says "Processing Times". Also note that these times speed up or slow down all the time, so what's posted is ballpark, and may not apply at the time you actually file.

Best Wishes,
Rene