pipm1979

Hello,

My wife (US citizen), who has legally lived/worked in the UK for over 8 years, has just been offered a fantastic job in the US. We have been married for over 4 years.

We are not sure how I can move over there with her and our three children (all US/UK citizens) without having to wait months for a spouse visa.

I have read on websites that it's possible to enter USA on the visa waiver programme and then apply for an AOS (adjustment of status) and the I-485 within 90 days, but I'm not sure if this is exactly the way to do it.

Can my wife submit the I-130 in London and have it expedited so that we can travel together or is that never going to happen? (the job starts in January).

Basically, how can I move to the States with my family? The job is a great opportunity for her, but we don't want to be separated at all.

Is it worth adding that we don't intend to stay in USA indefinitely. The job is a 1-year fixed contract with the option to renew by mutual agreement after the year. We intend to return to Europe before the kids are well into primary school. It doesn't seem like the US visa system is at all similar to the UK system.

Bob

It's going to 6-10 months to get a spouse visa.

If you have intent to AOS when you enter the US while using the VWP, that is illegal and you have no recourse to appeal a decision that goes against you.

If your OH hasn't already gotten her UK citizenship first, it would be very silly to move without getting it because of the new rules for bringing a spouse to the UK being very tough.

pipm1979

Thanks for your reply. We both find it hard to believe that we could be separated if we're married with dependants.

Does the US visa system not have a premium service like here in the UK? If we try to get the visa here, would I be able to visit her while the application is still pending?

Can immigration lawyers help with the process (to speed it up) or is that just money to a middleman?

Mummy in the foothills

You can visit while it's all pending so it seems.
I'd like to second yours US wife getting her UK citizenship before moving, it will make it easier for the whole family to move back and forth as needed with the new rules in place.

lansbury

There is no way to speed things up. There is no premium service and as far as the time it takes the US to process your application, having a lawyer makes no difference either.

pipm1979

What about a K-3 visa. Have just come across it on the London embassy site. Anyone know anything about that?

Noorah101

The K-3 is outdated and is no longer a valid visa. The K-3 process takes just as much time as an Immigrant Visa nowadays, so it no longer brings you to the USA any faster.

If the I-130 is filed directly to London,the process could take as little as 5 months, so almost hitting the preferred January mark. You might end up spending a month or so apart, but that's minimal.

Your wife should look into getting UK citizenship before leaving the UK.

If you're only going to stay in the USA for 1year, it totally is not worth all the trouble of getting an Immigrant Visa. If you're going through the trouble of getting the Immigrant Visa and becoming a US Permanent Resident, you should be prepared to stay in the USA for about 4 years so that you can become a US citizen, thus having the ability to freely travel back and forth between both countries.

Yes, you can visit the USA while the visa process is going on.

Rene

pipm1979

Ok.
We file in London, but HOW?
What is the process??? They're so vague on the website.
Does my wife Need to file the I-130 in person or can it be sent? Do they keep her passport during this time or can she send her birth certificate as proof of US citizenship?
Also, we got married in Iceland and the marriage isn't registered in UK or US. That's never been an issue for registering the birth of our children.

civilservant

http://britishexpats.com/wiki/CR-1

May I suggest you read the above- then go an look at the I-130 and post back with questions.

They don't need her passport.

Your marriage will be recognised by the US that's not a problem, you will need several copies of your marriage certificate for stages of the application.

JSL8610

Have you read this page from the website, including all the links? It really is very comprehensive. There's a checklist on there which tells you exactly what to send (and what not to send), as well as links to all the forms you'll need. She doesn't send her passport, just a photocopy of the biometrics page. Or, as you say, a photocopy of her birth certificate.

ian-mstm

Quite simply, you can't. The US government has no interest in whether or not its rules/regulations are inconvenient for you.


It is illegal to enter the US as a visitor with the intent to stay and adjust status.


She can certainly submit the I-130 to London, but there is no way to expedite.


Your wife starts the process by submitting the I-130 to London along with all the required evidence/documentation. You will be separated if she leaves to take the job... there's no way around that.


Well, y'know... it's a whole different country with its own rules!


US immigration does not care about your inconvenience. The law is specifically written to keep non-US citizens out of the US... so there is a process to follow. But, you're not alone... most everyone who makes this discovery is shocked at the prospect of being separated for some time... but we've all made the adjustment.


No.


Yes.


There is no way to speed up the process... and even an attorney can't do that for you.


Waste of time. Nowadays, the K-3 takes as long as an immigrant visa... and, as a result, will be tossed out in favor of the IR-1 immigrant visa - the end result of your wife filing an I-130.


She is not allowed to file in person, the package must be sent either by mail or courier.


She will never need to show her passport. A copy of the passport or b/c will serve as proof of her status as a USC.


That won't matter. But you will need a copy of the marriage certificate.


The children must have US passports before entering the US. If they don't have them yet, get them immediately.

Ian

Bob

Premium processing for work based visas, but that is all.

If the marriage certificate isn't in English, you'll need to get it translated into English.

If you're only going for a year, it's really not worth the cost and hassle. Just come over for a couple of holidays if you want. A year isn't long.

Good luck with whatever you decide.

pipm1979

All super informative and very helpful, thanks everyone! You'd think Id know more since my sister is also married to an American and has been through this process (although a very different situation).

All 3 of our children have dual nationality. I'm no stranger to the embassy, but on the US side and always with wife and baby.

bob, you mentioned work based visas have an expedited process...it is possible for me to work in the States with a job ready to go at a good wage? My wife and I originally intended to apply together, but dropped me out of it when we realised how difficult it could be to get the visa. Should I ask around in a different forum and see what that possibility might be? It would be through the same company that my wife has secured her job through...they might be willing to sponsor.

jeffreyhy

Thinking ahead to the visa application, I see a possible problem with the public charge requirement. Also with the whole concept of an immigrant visa. How many years might that be? Given the firm length of the job, unless you're certain that both your wife and the company will want to renew the contract, perhaps a B2 visa with application to extend might be more appropriate. A consultation with a US immigration attorney to explore the details of the situation would be worthwhile. Not surprising. The US parted ways with the UK (as it was then constituted) more than 200 years ago. Regards, JEff

pipm1979

Thanks. I think a b2 would be hard to get since they'd probably think it was for immigration anyway. Plus, if the contract does get extended or we find that we want to stay in the end it'll be easier on the whole.
We've decided to file the I-130 this week and just get the ball rolling. As long as I can visit for extended periods without overstaying, we should be fine with the current wait times...I think!
I CAN visit, right??? Just show proof that I'll be going back whilst visa is pending?