US Citizen in UK - Where to File I-130?

[thepettle 0]

I am a US Citizen married to a UK Citizen currently residing in the UK on a spousal visa (lasts 2 years) - I have a few questions regarding the K-3 Visa that I can't seem to get an answer from anywhere. I have tried contacting USCIS through emails and phoning but the number was barred from me. I also tried looking up the information.

1. Where would I File the I-130 form if I am a US Citizen but residing in the UK?

2. Who would I make the payment check out to?

3. On the bottom of the form it says "This form is submitted in connection with with an application for" - would we both put status of permanent residence or other and write K-3 visa?

4. Do we submit/fill out all 4 copies each or just 1 copy each?

If someone.. anyone could help me with these questions that would be greatly appreciated...

Also, I know the time differs depending on when you file it/who you are and other circumstances but what has the average time been for people throughout the whole K-3 visa process? The reason I ask is because I am about 11 weeks pregnant and can't travel past 32 weeks on an international flight so I want to make sure it will be done by then.

If anyone can help that would be greatly appreciated

Thanks in advance!!!!!!!

[Anh map 2,098]

It sounds like you would be a candidate for the DCF (Direct Consular Filing) rather than K3.

[thepettle 0]

I don't know what that is. How would I know if I was eligible for that? We got married September 9th 2008 and I have only been here since October 2nd 2008 so would I be eligible since I'm not technically a "resident" of the UK but rather living here on a visa?

[imaisha 0]

YES! definitely go for DCF. it will save you many months.

here's the london specific info page:

http://london.usembassy.gov/dhs/uscis/i130filing.html

and here's more about the process in general:

http://www.visajourney.com/forums/index.ph...om&page=dcf

good luck!

[imaisha 0]

if you are there on a spousal visa and have been there for at least six months then you're eligible.

they mean you must have leave to remain (whether limited or not) rather than just pop over on the visa waiver program and do it that way.

[thepettle 0]

Thanks for the website!!

On the website it says "2- The I-130 will be adjudicated and either approved or denied. If it is approved the foreign spouse may apply for an IR-1 or CR-1 Visa (Immigrant Visa)."

so does that mean that we would have to get a CR-1 since we haven't been married more than 2 years?

I would rather a CR-1 to save money and so my husband could work when we move to the U.S. but I want to be over there before the 3rd week of October so I know I can travel on a flight without any problems as far as being pregnant

Would this be possible or would we not make it in time as I know a CR-1 visa takes 1-3 months longer than a K-3 Visa????

& yes I have been here 7 months so I would be eligible as far as I know

Edited May 26, 2009 by thepettle

[imaisha 0]

yes you would be getting a cr-1. that just means that two years from when your husband enters he'll have to apply for an unconditional card. you cannot get a k-3 visa through DCF since the original purpose of it was to reunite families while they wait for an immigrant visa to become available (back when the I-130 took much longer than the I-129f) and you're already united!.

if you go the cr-1 route via DCF you're looking at probably 3-4 months. there's a little box on the london embassy website showing what they're processing right now. from then you'll go through NVC which is the actual application part, leave a month and a half for that and then you'll probably have to wait a month for an interview, maybe as little as a couple of weeks. these are all estimates of course, and rely on you reading up here and learning about the shortcuts.

it only takes longer when you are applying from here in the states. then you have to deal with the USCIS offices here which take 6 months to process the I-130, rather than 1 month.

if you go the k-3 route you will have to restablish some sort of residence in the u.s. and from then it will be about a year to get the visa.

absolutely go the DCF route.

Edited May 26, 2009 by imaisha

[thepettle 0]

Thank you so much for your help, I didn't even know the DCF existed!!!!

So, if I am understanding correctly if we go this route and it gets approved it would be ready for when we want to go move in October yes? That would be perfect. It says in the little box "As of May 18, 2009, we are processing petitions filed on April 16, 2009." so does that mean just for the I-130 process or the whole DCF process?

Also, I'm sorry if I am being a pest I just want to make sure I get everything done correctly.

Are these all the forms we would need to fill out?

I-130

DS-230 (Part 1)

DS-230 (Part 2) - > is that for social security?

I-864

or would we need the biographic G-325A forms we were needing for the K-3 Visa and the I-129F form as well?

I assume we don't need the I-360 as we are not widows, children or battered spouses..?

I really appreciate all your help

[imaisha 0]

and also check out the DCF specific forum here: http://www.visajourney.com/forums/index.php?showforum=82.

they will definitely have more info than i do!

[imaisha 0]

you should definitely ask around in the DCF forum. i'm already a little in over my head. i was totally wrong when i said that NVC handles the actual application part of it. the london embassy website appears to say that all of that is done by the embassy, in which case you might be shaving a month and a half off that estimate. i think what that box on the side of the page is referring to is just the I-130 processing- technically that's the "petition" and the DS-230 is the "application."

http://london.usembassy.gov/cons_new/visa/iv/ivprocess.html

there's the information about what happens once the I-130 is approved. i think initially you'll be submitting the I-130, the G-325A and your payment and that's it for now. definitely check out the DCF areas to make sure though!

and yes if you start now you should definitely be able to make it by october! just to give you an idea of how long the k-3 takes, i started this process last october and we're hoping to be done by this september.

Edited May 26, 2009 by imaisha

[thepettle 0]

Thanks for your help - I am asking in the other forum now!!!!

[imaisha 0]

you're very welcome! best of luck!