londonderry

Hi everyone! First time poster and I was hoping for some advice. Here's my story...

I am a USC and UKC and my wife of nine years is a UKC. My wife originally joined me in the US through a fiance visa. We got married in the US and then decided after about three months that we wanted to live in the UK instead. I never informed immigration or the state department or anyone and we just left the US. We have been living in the UK for the last nine years and we want to move back to the US in 2011. Here's my questions.

1. Will the fact that we originally had a fiance visa and then just left be held against my wife in applying for a spousal visa?
2. If we want to move to the United States in 2011, when should we start our application for her visa (I-130)?
3. When a spousal visa is granted? How long do you have to enter the United States on that visa? In other words, how long is the visa valid for?

Hope someone can shed some light on this for me. Thanks!

Sean-

avanutria

Hi Sean,

I can't answer your first question but as for the others:

2. If you have been living in the UK for at least 6 months you can apply directly through the London Embassy/US Consulate which is called DCF or Direct Consulate Filing. Averate time start to finish is 4-6 months. Sometimes longer, sometimes shorter, and some of it can be adjusted based on how quickly you submit various rounds of paperwork.

3. She would be granted an IR-1 visa (on the strength of marriage to a citizen for longer than two years) and she will have 6 months to activate it from the date of issue. You, as the US citizen spouse, must be already in the US or arriving in the US with her when she activates it.

londonderry

Thank you, that was very useful as I would like to time this right, but six months is a generous amount of time to activate the visa, so that should be fine. I can't see why leaving the country when she was legally in the country would be an issue, but you sometimes worry about these little things. Thanks again!

Sean-

Noorah101

No.

Assuming you (the USC) are still living in the UK when you're ready to apply, you can do a Direct Consular Filing (DCF), which means you file the I-130 directly to London. Currently, that process takes about 4 - 6 months.

If, for some reason, you cannot file DCF (rules change sometimes), then you'd file the I-130 in the USA (you can still be living in the UK). The process from filing in the USA currently takes around 8 - 10 months.

Six (6) months.

Rene

londonderry

Rene:

Thanks for confirming questions 2 & 3 and a big thanks regarding question 1. I didn't think so, but just wanted to make sure. Made me feel so much better!

Thanks!!!!!!!!!!!!!!!!!!!!!!!!!!!

Folinskyinla

Hi:

Notionally speaking, entry on the K-1 followed by marriage and then taking up residence in the US should not be held against you.

The answers to question #2 are based upon today's procedures. They may or may not be the same two years from now.

The law today is that the visa, once granted, is valid for six months one admission.

jeffreyhy

A common, but oxymoronic, use of the word- George Carlin could have made good use of it in his routines.

The visa is 'active' from the day it's issued, and expires 6 months later. Or, is de-activated on entry to the USA (it's a 1-entry visa) when a notation is added by the immigration officer that transforms it into an acting I-551 pending receipt of the real one.

Regards, JEff

country_canuck

Does this apply to all 130's?

One more worry for me? What happens if 6 months go by and we are still trying to have my removal order remanded? Do I have to petition once again?

meauxna

I had to look at your past post.. you are waiting to be cleared to file an I-485, yes?
What you quoted referenced the visa, issued overseas. You're not going through that process. The visa is only valid for 6 months.

The I-130 approval I believe is valid for a year, and that's with no activity. Since your case is still active, I don't know if you need to worry about that.

Folinskyinla

Hi:

I was not talking about I-130's -- I was talking about "immigrant visas." That is a different matter. You are seeking "adjustment of status" which is a different thing.

Folinskyinla

Hi:

I-130 is valid forever unless used or revoked. One of the revocations is in the immigrant visa process where one lets a year go by with "lack of prosecution."

In fact, I have had several cases where the IV was denied for reasons not related to the relationship. And years later we were able to use the approved I-130. In fact, I just got a case re-opened in Immigration Court where mom filed FB-2A visa petition in 1991. Visa was refused for child in 1993 on "public charge" grounds. We are now using it for an FB-2B adjustment.