bybarra

I think you're right about this, but the CIS is at the embassy and I couldn't find any way to contact them directly for information. I found only this help number.

I'm hoping that we'll have success by the DCF route. Since I've been out of the US for so long (10 years total, the last 4 here in the UK), it makes sense to me that the London office should accept the I-130, but we'll see.

It also would be nice if it took a shorter amount of time than the US route.
I (the USC) don't have a lot of flexibility for when I move to the States because of a new job starting. If my husband gets stuck over here for a while it's going to be really tough because we have a baby who will be 15 months old at the time I'd have to start. Moving overseas, getting settled, starting a new job, finding a daycare, shuttling her to/from daycare all the time without any help from my husband will be tough. People go through a lot worse, obviously, but if we can avoid a prolonged period like this, we'd like to.

Any thoughts on the K3 from anyone out there? We were married in Spain 4 years ago so it would have to get filed in Spain. I'm not sure how that would work with trying to file the greencard visa app here in London. I haven't looked into this much yet. Some people have said the K3 is a waste of time.

Noorah101

You can't file the I-129F towards the K-3 visa until you have a receipt from USCIS showing you've filed the I-130, and you can only file the I-129F in the USA. It takes about 8 to 10 months to process the K-3 visa from filing the I-129F to getting the visa in hand. So this is a much longer process than DCF.

It's not the I-130 or I-129F that gets filed in Spain, those still get filed in the USA. It's that the K-3 interview has to take place in the country of marriage, in this case, Spain.

Even if your DCF is not accepted, the Immigrant Visa route takes about 8 to 10 months from filing the I-130 (in the USA) to getting the visa in hand, the same amount of time as the K-3. That's why the K-3 is no longer a faster route to getting your spouse to the USA.

Best Wishes,
Rene

bybarra

Hi Rene.

Thanks a lot for putting this so clearly for me. Yes, the K3 sounds like it won't help us.

Since you seem to be so knowledgeable, I'm going to ask you another question about the VWP while the visa application is ongoing... I've read several threads about this but wonder about the plan we're thinking of.

If our I-130 gets approved and the visa application filed, I understand that if I'm in the US, my husband (Spanish) legally can come visit on the VWP. It seems he has to bring evidence that he's coming back to a life in the UK.

Because of our young daughter, we had been thinking he'd come visit for a long stretch while the application is being reviewed (I'll be able to support us all on my income while he wouldn't be working). He's self-employed in the UK, as an actor so there won't be much in the way of a letter from an employer saying that he's returning (unless maybe a letter from his agent saying that he's still on the books could help). We don't own property in the UK to say that he'd be returning to. We were thinking of giving up our rental house and then he'd move in with friends to save money while this is ongoing (and while he'd be visiting in the US). He'd obviously have a return ticket to the UK, for what it's worth.

I should mention that he was LPR for 26 years (age 6-32) but is no longer so because he moved away to Spain and maintained nothing int he US. He has travelled back and forth between Europe and the US for the last 14 years on the VWP since he was no longer LPR.

It's a long story, but here's the question: Do you think he'd have problems coming to visit (and stay a while) on the VWP while his visa application is being considered?

Noorah101

There's really no way of knowing for sure. If he gets a picky POE officer, and he doesn't have enough ties to show to the UK, it's very possible he could be turned away at the POE. Especially if it comes up that he has a USC wife and child in the USA. It sounds like he doesn't have strong ties through work, and zero ties through property. There's just no way of knowing what they'll ask for at the POE, but if they start asking, his chances look less than favorable.

Rene

bybarra

Thanks for your opinion on this. Hmm. We'll have to think about this. Maybe maintaining the rental property would help. Or maybe shorter visits would raise fewer alarms.

I read that some people have gone through Shannon or Amsterdam to get the US clearence before the flight. Therefore if refused, it's a short trip back.

Noorah101

DCF only takes about 4 to 6 months to process. That doesn't leave much time for a visit to the USA, anyway, since he'd have to be back in the UK to submit the checklist and attend the interview. It might just be worth him waiting in the UK until he has his Immigrant Visa in hand.

Rene

bybarra

Rene, thanks for all the info & perspective. Obviously I'm new to all of this. It's a great forum and is already a useful source of information.

bybarra

One new question:

My future employer in the US has asked me whether my husband can't just come with me into the US on the VWP and then we petition and apply for his green card from within the US. Is this even possible?

Also, I've heard rumours that some unnamed organizations are able to speed up applications for their staff and associated spouses. Has anyone ever heard of this? Is there any chance that going through a company's lawyer can speed things up?

Noorah101

It is illegal to do what your future employer is suggesting. It is misuse and abuse of the VWP (or a visitor's visa) to enter the USA with the intent to remain and adjust status, and is illegal. So no, that is not a legal option for you guys.

If an organization can speed up applications for their staff and spouses, perhaps they are talking about work-related visas (as opposed to marriage-based ones). Your company's lawyers cannot speed up the process. The best they can do, if they are actually immigration lawyers, is look over all your paperwork to make sure everything is in order to avoid a potential problem in the filing or paperwork. But they cannot make the process any quicker.

Your quickest method is what you are already considering (DCF, filing the I-130 directly in London). This takes about 4 to 6 months, and is by far the quickest method of getting an Immigrant Visa.

Rene

bybarra

This was my understanding of the VWP, but I got confused reading about people who came in under VWP, overstayed, got married, then applied for AOS.

The DCF is how we're planning to go (as soon as my passport is back from Home office with extension of LLR).

I guess I'm just going to have to get used to the idea that it's likely I'll have to go to the US in January with my baby (& no husband). It's going to be tough with me & the little one (finding a place to live, getting a car, finding a nursery, getting a bank & car loan, starting a time-intensive new job).

Lots of people manage to do lots more than this under much worse circumstances. Sigh.

Folinskyinla

Hi:

1. You employer wants to know if your husband is willing to commit a violation of the law and perhaps to commit immigration fraud. Sure it is possible. To be honest, many people get away with it. As a lawyer, I am not allowed to even suggest a violation of the law -- and I won't. That said, some non-lawyers here suggest a cost-benefit analysis [which I do NOT] -- balance the speed against the risk of a life-time bar from the US absent a waiver which is usually hard to get. Do we need mention the possibility of criminal jail time followed by permanent removal]. I'm a lawyer and not a bookmaker -- so I care not to give odds -- besides, I am not allowed to recommend the course of action.

As an aside, the criminal law of "conspiracy" is one of the more frightening areas of the law. If anyone was to recommend this, THEY could be snagged under the conspiracy or "aiding/abetting" statutes. This HAS happened in the tax arena. I have not heard of it in immigration yet, but I know that DHS does follow the internet -- and there is always a first time.

2. Anyone who says they have the "in" is someone I would avoid. There are attorneys who are known and respected and know what they are doing -- this may help things, or at least avoid unncessary delays.

Good luck.

bybarra

Thanks for the frank words.

I'm not much for taking my chances with the odds when it comes to immigration law. We really don't want any trouble, though I guess we can't avoid the usual beurocratic hassles.

Without naming names, I've accepted a faculty position at a big US University. This suggestion of having my husband come in on the VWP and then apply was made by an administrator in the international employee/student office (presumably without having legal council) when I was asking whether there might be support for me through the process. I didn't think this route was legal (though I'm new to all of this information). I assume this person was simply trying to brush her hands of my request for information.

Anyway, it seems to me I am getting some very informed advice right here, with a lot of experience to back things up.

DCF all the way, and fingers crossed that if I have to do the move by myself to the US, that my husband will be able to visit on the VWP if time stretches on!

Many thanks

bybarra

I should mention that the office I spoke to is the office that is supposed to be advising people on their visas...

I also assume that it's not so common for them to hire a USC living overseas with a foreign spouse.

Noorah101

This is probably true. They are probably more used to hiring foreigners who have a work-related visa, or helping students with their student visa problems. Your situation is probably unique for them.

Rene

bybarra

Hey, great news...

London has accepted my petition for DCF filing for my husband (despite my having limited leave to remain in the UK)! I guess the proof of 4 years worth of work & residence was OK this time.

Yay! Step 1, done.

Thanks for suggestions and support!