ds3000

Hello there, its my first post on here so be kind.

My wife (US Citizen) and I (UK Citizen) got married in the US in March 2010. I then returned to the UK and she remained in US and filed the I-130. We got approval last week and are awaiting posted documents.

I'm a little confused as to what road to take now. Does anyone know if it is quicker to;

1. continue with the immigrant route and file the I-485, or

2. file a 129f and adjust status at a later date.

Any suggestions would be greatly appreciated.

Cheers

Dave

ian-mstm

If she filed an I-130, you don't need to do anything. Once it's approved, you'll be asked to apply for an immigrant visa and will be called for an interview for that visa. Once you enter the US with that visa, you will immediately become a US permanent resident.


The I-485 is for someone adjusting status inside the US.


If preceded by an I-130 filing, an I-129F will lead to a K-3 visa... something you do NOT want - trust me on this!


Since you ask... do nothing. Let the I-130 process continue.

Ian

meauxna

Dave, if you are in the UK and have an approved I-130, the CR-1/Immigrant Visa wiki entry applies to your situation:

http://britishexpats.com/wiki/CR-1
Expect a petition I-130 to take 3-6 months for approval, based on Service Center workload.

Approved I-130 petitions are sent to the NVC/National Visa Center, a State Department office that prescreens and begins Immigrant Visa applications. There are several steps to be completed here, and expected processing time is 2-5 months.

NVC-pre-cleared visa applications are forwarded to the visa-issuing post abroad. An interview date is assigned. After a successful interview, expect a delay of one week-several months for the visa to be issued. Normal cases without any additional security checks see the visa delivered within a week.


Links in that wiki entry show you the next steps. You and/or your petitioner should receive the first form, Choice of Agent, from the NVC when they receive your case from USCIS (the approved I-130).
It's now time for you to apply for the visa, so you should prepare your application documents to be ready for that.

ds3000

Perfect, thanks guys. I'll just hold tight for now then, and follow the instructions that come in the post.

Much appreciated.

meauxna

Sorry if this seems pushy, but if you want to forward your case, you can shave about 4-6 weeks off the NVC portion of your application by reading ahead and being prepared for what will come next in the post. You can also shortcut some of it online, but the NVC doesn't give great instructions on how to do this.

At minimum, you can order your police certificate now, and make sure you have your long-form birth certificate. Also, your spouse can complete form I-864 and collect the evidence for that.

You can also go with the flow, I know there's frequently reasons for not rushing through this part of the application. Just want you to be aware.
The link to the NVC is in that wiki entry.

ds3000

meauxna - not pushy at all, thanks for the information.

Re the police certificates, I have lived abroad in the past;

. 2 years in Poland

. 4 months volunteering in Ghana

. 1 year in Australia

Do you know if I have to get certificates for my time in other countries?

Also, how would I go about getting a police certificate for the UK, is it simply a CRB (disclosure) check?

Cheers

Noorah101

You need a police report from any country (except the USA) that you lived in for longer than 1 year. So from Ghana, no. From Poland, maybe...how did you happen to be living there? Australia, maybe...how did you happen to be living there, and was it exactly 1 year to the day?

I believe there is also a Wiki Guide or a Sticky Post on how to obtain the UK police certificate.

Rene

ds3000

Thanks for your reply.

I was teaching English in Poland and on a working holiday visa in Australia. Unfortunately I overstayed in Australia by 2 months and was subsequently banned for 3 years. This was in 2001. Hopefully this won't be a problem

Noorah101

Your overstay in Australia shouldn't be an issue with your US Immigration.

Regarding the police reports, I'd get the one from Poland for sure. You still haven't said if you were in Australia more or less than 1 year, or 1 year exactly.

Rene

meauxna

OK, I'm going to do this here so we can add it to the wiki.

You are applying for an Immigrant Visa as an Immediate Relative (spouse) of a US citizen and your Consular post is London UK.
Immediate Relative Visas

Note the links on the right regarding petitions. You are past that phase; your petition has been approved.

Note the box on the right: Applying for the Visa
"The immigrant visa application will be processed either by the National Visa Center in New Hampshire or the Immigrant Visa Unit at the Embassy depending on which USICS office approved petition."
Your petition is going through the NVC.

Application processed by the National Visa Center in New Hampshire

Visa Processing at the National Visa Center <-----YOU need to read this!
Read the very important stuff on the right side of that page too.

Immigrant Visa Application and Document Processing


Obtain the applicant's required civil documents. This process may be lengthy and could be subject to specific in-country local requirements. To review specific requirements by country click Reciprocity by Country. Submit the applicant's original civil documents.

Civil Documents: Documents the Applicant Must Submit

It's not appropriate for us to spell out each step to you--what if WE miss something? It's a much better idea for you to research your own case and check in here for confirmation or special tips about 'how tos' that might not be on the websites.
You'll find the police certificate details there. The specifics for the UK police certificate are on the Embassy links I started you out with. For other countries, and how to apply, please google up the Reciprocity Schedule at travel.state.gov (it will be one of the first search results) and select the countries you need.

ds3000

Point taken, I'll get on to it.

Your help is much appreciated, cheers.

meauxna

There's a couple of other posters here going through the NVC currently. You can also read the DCF/I-130 filed abroad steps regarding where to get your documents and tips for the Embassy.. just keep in mind that their cases don't go through the NVC so timelines and order of submitting items will be a little different. You'll find lots of folk moving over to join their spouses.. welcome!