britishguyfromsussex

Hi there.

I am an english guy and I am recently married to an american girl who is now living with me in england.

My wife misses the USA so we have agreed that we will go live in the USA.

So now I am trying to figure out where to start and which Visa to do.

Basically we are both in England and married and want to get to America and I be okay to work in America when we get there so we can settle in America.

Please could you tell me which visa it is I need to do?

Also we plan to leave to America in August, it is now February - is this enough time to do the whole Visa process?

Anyone been through same process? Any ideas how much it will all cost?

Any tips?

Thanks for your time!!! So Glad I found this forum

Best,

Al

Noorah101

How long has your USC wife lived in the UK, and what is her status there? That will make a difference as to how long your visa process will take.

As for cost, budget $2,000 and you should be OK.

Rene

britishguyfromsussex

Hi thank you for your reply and info

she came in on a fiance visa to uk last sept, we got married and we are waiting to hear back on our submitted spouse visa - which should be any day now and will be approved

wow 2000 dollars for the whole process eh!

what experience have others had on how long it takes to do from start to finish?

BrittanyB

If you're already married and your wife has permission to live in the UK and has been living there for the last 6 months, filing DCF (direct consular filing) with the US Embassy in London is your best bet, speed-wise. There is a DCF wiki on this site, which is very informative. Read through that first, to see if it is right for you. You need to make sure your wife can prove that she can sponsor you financially (on the form I-864), or that you have a co-sponsor in the US to do this for you ( Maybe one of your in-laws, if they are willing). If you file very soon, August might be a possibility for you, but timelines can change. My husband and I filed our I-130 for a spousal visa Dec 6, and have yet to hear anything back.

britishguyfromsussex

hmmmm that is very interesting

unfortunately we got married very end of november 2010 so she has not been a resident for 6 months and won't have been for another 3 months

BrittanyB

In that case, you probably will not qualify for DCF at the moment. Another option is for your wife to file for you in the USA, which has the same end result as DCF filing but just takes 8-10 months rather than 5-6 months.

britishguyfromsussex

thanks brittany for all your help

is there a way for us to file together both in the UK and if so do you know how long this way takes?

BrittanyB

No problem, I get a lot of help here as well! Well, your wife will have to file in the USA as she doesn't qualify for DCF, but I don't see any reason why she could not continue to live with you in the UK whilst you wait, if she has a valid visa. She just needs to send the application to the US from the UK. This site http://www.uscis.gov will have all the info needed on filing this way. I did not file this way, so can be of little help : ) And the form you guys are looking for initially is the I-130 form, which can be found on that site as well. It will take 8-10 months, most likley.

britishguyfromsussex

thanks very much that is very useful.
I guess we will file from UK and send to USA. Then go to USA on visitor waiver for 3 months and return back to UK and then go again to USA once the visa is all done

thanks again so very very much!!

BrittanyB

no problem, good luck!

ian-mstm

If she is eligible to file directly to London, the entire process takes about 5 months from her filing to you getting an immigrant visa in your passport. If she files to the US, you're looking at 8-10 months start to finish. She can not submit two separate applications... one to London and another to the US.

If she is eligible to file to London now, you will likely hit your target date of August. If she must wait to become eligible, you won't be moving to the US until at least October. If she files now to the US, you're looking at November! It's your choice, but at least you can now choose based on a more realistic time frame!

Ian

ian-mstm

You'll want to research the requirements of the I-864, as well as the term "intent to domicile".

Ian

britishguyfromsussex

thanks ian!!!!!

i am going to do this now.

this is very helpful

I will also now discuss with the wife all our wonderful options from the US government!

meauxna

Since we are not the people who decide whether or not your wife's I-130 is accepted for processing in London, I'd urge to slow down for a bit and do some more homework. It will make the difference between you meeting your August target and not.

I think that you're confusing the term "resident".. London USCIS generally first looks at whether the person is "genuinely resident" meaning, do they really live there or have they been a tourist for a few months.
Your wife went through the appropriate immigration process to the UK, demonstrating an intent to be resident. Don't get hung up in the specifics of her visa type, or how the UK defines 'residency'.

Filing locally is much, much more appealing. Easier and a lot less hassle in addition to being much quicker.
If I were me, I would prepare an I-130 submission to London, knowing that the 'worst case' scenario is that if the do NOT feel the petitioner is 'genuinely resident', they will return the package and fee within a matter of a week or so.

You lose nothing and have everything to gain. This is a lot more complex than a few discussion group posts.

BrittanyB

I thought that a USC had to be resident in the UK for 6 months to do DCF..at least, on the London US embassy website, it states that :
“Principal residence will have been considered established after the United States citizen has resided in the United Kingdom at least six months from the date of arrival following approval of UK Entry Clearance”
This can be seen at http://london.usembassy.gov/dhs/uscis/i130filing.html

Sorry if I was mistaken!