JSL8610

Yes, you can use the VWP as normal during the whole visa process. Applications appear to be moving through London very quickly at the moment so if that keeps up (and it is a big if) then you shouldn't be apart for more than a month or two anyway.

holly2234

I think the best and easiest option for you would be to file for a IR-1 DCF.

For this you need to fill in a I-130 http://www.visajourney.com/forums/to...n-uk-dcf-2012/ I have made a thread over there with all of the necessary links and odd bits of information.
Use the check list for making the packet and follow it exactly.

You then wait and you can check on the waiting times here http://london.usembassy.gov/dhs/uscis/i130filing.html

During this time, you can gather other documents you might need such as the police certificate, I-864 (affidavit of support) etc.

You will then get NOA2 - Notice of approval (or a request for evidence which you then respond to).

Then you will wait for your LND case number. When you have that, you can book your medical and return the forms DS-230 part 1 and DS-2001 (this one is only when you are ready to be interviewed) and wait for an interview date.

Current timelines show DCF taking 4-6 months if you stay on top of things. At worst, you will be apart for a month and you can probably be together on the VWP and return for your interview.

Also, if your marriage certificate is in any language other than English, you will need to get it translated.

Noorah101

You can visit, but not for extended periods. You can visit on the VWP for up to 90 days per trip, but don't make back-to-back trips. For best results, stay outside the USA longer than you were inside. During a one-year period, you'll probably only have time for two VWP visits.

Rene

pipm1979

Rough plan is:
1. File petition in overnight post tomorrow
2. While all of the stuff is going on in the background, wife goes over at th beginning of Jan to set up and get home (renting), car,etc
3. I come over a couple of weeks after and perhaps stay the 90 days and then head back to the UK to wait for interview/visa. If timelines are reliable, that should be the easiest way for our family not to be apart for too long. With three kids its heartbreaking to think even one week is possible.

If we split the children up for childcare/schooling reasons will immigration see that as suspect? I'm thinking about me coming in with one child on a US passport while the other 2 are already in the states with my wife (who I'm not divorcing)...can anyone foresee problems there?

Noorah101

Children are USCs so should not be a problem.

Rene

jeffreyhy

Only if he's not working much, which means that his wife's great job in the USA may be supporting two households. There aren't a whole lot of jobs that allow a person to take off for half the year.

I still think this is going to be an interesting situation that may present some issues as it moves along. One might be an I-864 that's based on a contract job that's firm for only 1 year.

Another is the originally stated fact that the OP doesn't really want to immigrate - doesn't really want to be a permanent resident - but only stay for a few years. This intent appears to have been subsequently modified to allow for them changing their mind and remaining longer term in the USA - to have one's cake and eat it too, as the saying goes.

I still think a consultation with a US immigration attorney to review the details would be a good idea. It may find avenues that people in this forum aren't going to come up with based on superficial information.

Regards, JEff

pipm1979

It was as if the job was written for my wife - which is why we've decided to go. Otherwise, we'd stay here where we're perfectly happy. The wage would be more than double what we earn together now, so the financial aspect wouldnt be a factor and part of the reason for the move.
Very interesting about the contract. Good one to flag up. It's a one year with option to renew with mutual consent. Might see if they can't work in a "probationary period" clause rather than fixed term...
As far as immigration interviews are concerned, my intent is to settle indefinitely. Which is true...things can change as they did for my wife who settled here.

Englishmum

If your wife does not already have British citizenship ie. only has 'Indefinite Leave to Remain' (permanent residency) and if there is even the remotest possibility that she may one day relocate with the family back to the UK, then it is pretty much imperative that she obtains British citizenship ASAP.

Just take a look at the 'Moving Back to the UK' board on this website. All non-EU and EEC spouses now have to satisfy stringent criteria before being allowed to reside in the UK. The British government brought in new requirements a couple of months ago and there are many threads from British expats who are facing major difficulties in trying to move back to the UK with their non-EU spouses (yes, even those from 'first world' nations whose native speech is English):

http://britishexpats.com/forum/showthread.php?t=761780

http://britishexpats.com/forum/showthread.php?t=770460

PS. I have no idea if/when ILR ceases if one moves out of the UK (rather like a US green card does if one has left the US for more than a year) so you need to check this out if your wife doesn't have or desire British citizenship.

jeffreyhy

Someone may have hijacked your login and is playing games with you.

Regards, JEff

Noorah101

A probationary period would be worse than showing a contract. USCIS will want to see that your wife is employed in a stable, permanent job which earns above the 125% amount listed on the I-864P for the family size plus the immigrant. If she only shows she's working during a probation period, that means she's more easily let go when probation ends. If she shows only a 1 year contract, that means she might not get another contract in the future. Before committing to immigrating, you might want to see if you can find a joint sponsor, just in case your wife's I-864 is not acceptable to the ConOff. Or, if you have assets that equal 3x what was needed in income (cash in the bank works best), that would work, too.

You won't be asked about your intent at the visa interview. Since you are applying for an Immigrant Visa in order to become a US Permanent Resident, your intent is assumed to be that you want to settle in the USA indefinitely.

Rene