Sanity Check needed on visa application for non-US spouse

[MajorFaff 0]

Me: UK Citizen. (UK Passport)

Wife: US Citizen. (US Passport)

Status: Married since may 2007.

Dependents: One little girl we have together. (She is a US Citizen, and a British Citizen (US Passport + UK Passport)).

Situation: Wife has now moved back to the USA, along with our little girl, and dogs and living with parents until we can get this whole thing sorted. In event of having to show financial support, likely I would have to ask her father to vouch for me, as my wife does not earn enough due to having to look after our little girl, and only just moving back since September 2011. I have a little debt here to pay off, and also need to work here (I have a reasonable job) to help support my wife and child in the states. I will be visiting at Christmas for 3 weeks, where I intend to file my I-130 but as yet, I'm unsure as to what visa to actually go for as there is a lot of conflicting information. (K3 now seems the way forward with the I-129F ?)

What I need: I don't want to be seperated any longer as it's very hard for my wife by herself, so I would like to try and get there as quickly as possible, and be able to legally work, whilst any visa application is pending. I'm not full of money unfortunately, as we spent so much money getting my wife legal in the UK, and then spending out on getting her, daughter and our dogs to the USA recently).

I keep reading, and the more I read the more I'm confused. I thought I would just have to sit it out, but then my wife mentioned the I-129F last night which threw me, as I thought this was for a fiancee, but it turns out as a SPOUSE I should be able to use this? So please advise, I'm finding this exceptionally hard now.

Edited December 4, 2011 by MajorFaff

[Little_My 464]

Read the guide for CR-1 (or IR-1 for you because you've been married for more than 2 years). K3 is apparently kind of a dead visa these days and though the process still exists, it will take you longer than the CR-1. The process to get the spousal visa takes around 9 months I believe, during which you'll probably be able to visit your family here in the US. It doesn't include an adjustment of status phase once you get to the US, which makes it cheaper than many other options. Once the visa is issued, you become a permanent resident as soon as you enter the US with the visa. You can begin working immediately, and start building a life with your family here.

Edited December 4, 2011 by Little_My

[MajorFaff 0]

Read the guide for CR-1 (or IR-1 for you because you've been married for more than 2 years). K3 is apparently kind of a dead visa these days and though the process still exists, it will take you longer than the CR-1. The process to get the spousal visa takes around 9 months I believe, during which you'll probably be able to visit your family here in the US. It doesn't include an adjustment of status phase once you get to the US, which makes it cheaper than many other options. Once the visa is issued, you become a permanent resident as soon as you enter the US with the visa. You can begin working immediately, and start building a life with your family here.

Hi, thanks for that. However, the page (here: http://www.visajourney.com/content/compare#ircr1)explaining about visa's lists as a 'con' that "Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.". Is this not correct?

Edited December 4, 2011 by MajorFaff

[MajorFaff 0]

Additionally, I already have a Visa in my UK passport which allows me to stay in the USA as a vistor for 6 months at a time. It says visa type/class and underneath : R B1/B2. (I got this solely for the purpose of ensuring the marriage office in the USA would accept our marriage request as they didn't seem to understand the visa waiver thing). But basically this means that if pushed I could go on an extended visit for 6 months, but without working :-(

However, if I apply for an IR-1 this 'seems' to imply that I can't use that to come whilst my application is pending? Seems harsh? It's pretty darn tough not seeing my 18 month old little girl for 3 months let alone another 7 (or more).

Edited December 4, 2011 by MajorFaff

[Little_My 464]

I am not an expert on CR-1/K3 visa processes, and maybe someone who is more knowledgeable will jump in soon, but my understanding is that the K3 originally existed because back in the day, it took years for the I-130 to be approved. Through the K3 process the beneficiary could actually enter the US faster and wait out the processing of the I-130 in the US, thus avoiding having to spend years apart from his/her family. Because that is not the case anymore, the I-129F and I-130 forms will be approved together, and the I-130 is essentially upgraded to CR-1, which is a superior visa compared to the K3. K3 used to involve the adjustment of status process - CR1 doesn't. Essentially, K3 no longer exists, though the process is still technically available. If you file for K3 it will morph into a CR/1/IR-1 once it gets to NVC. Therefore though you can take the K3 route, it will only mean more paperwork for you, and essentially still lead into IR-1.

Your tourist visa will still be valid while the IR-1 is pending, but the challenge is that it is hard to prove non-immigrant intent when you obviously have every intention to immigrate, since you've filed for a spousal visa and your family is here. You will have to convince the IOs at point of entry that you do not plan to remain in the US under the tourist visa, but that you are planning to return to the UK and wait out the IR-1 process there. There is a risk of you being denied entry at POE, but to be honest I think for someone from a country like the UK visiting with a pending IR-1 probably won't be an issue, especially if you can show you still have a job/apartment etc. in the UK.

Edited December 4, 2011 by Little_My

[MajorFaff 0]

I am not an expert on CR-1/K3 visa processes, and maybe someone who is more knowledgeable will jump in soon, but my understanding is that the K3 originally existed because back in the day, it took years for the I-130 to be approved. Through the K3 process the beneficiary could actually enter the US faster and wait out the processing of the I-130 in the US, thus avoiding having to spend years apart from his/her family. Because that is not the case anymore, the I-129F and I-130 forms will be approved together, and the I-130 is essentially upgraded to CR-1, which is a superior visa compared to the K3. K3 used to involve the adjustment of status process - CR1 doesn't. Essentially, K3 no longer exists, though the process is still technically available. If you file for K3 it will morph into a CR/1/IR-1 once it gets to NVC. Therefore though you can take the K3 route, it will only mean more paperwork for you, and essentially still lead into IR-1.

Your tourist visa will still be valid while the IR-1 is pending, but the challenge is that it is hard to prove non-immigrant intent when you obviously have every intention to immigrate, since you've filed for a spousal visa and your family is here. You will have to convince the IOs at point of entry that you do not plan to remain in the US under the tourist visa, but that you are planning to return to the UK and wait out the IR-1 process there. There is a risk of you being denied entry at POE, but to be honest I think for someone from a country like the UK visiting with a pending IR-1 probably won't be an issue, especially if you can show you still have a job/apartment etc. in the UK.

Thank you so much for explaining that, I appreciate not just asking me to 'do the search' as this is a very daunting topic, with a lot at stake, so sincerly, thank you :-)

Doesn't appear to be a sub-forum for the IR-1/CR-1's? Should I continue to use this K3 section?

[pushbrk 12,824]

Hi, thanks for that. However, the page (here: http://www.visajourn...t/compare#ircr1)explaining about visa's lists as a 'con' that "Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.". Is this not correct?

That's out of date, so yes, not correct in the present tense. Consider the K3 simply not available. Even when it was, it stopped saving more than few weeks of separation 5 years ago.

[MajorFaff 0]

So this guide is the one I need? (As I (the non-us citizen outside the US) and my wife a us citizen in the us filing for me)

http://www.visajourney.com/content/i130guide1

Is there more to it than that? Seems 'to' straightforward?

[Adriene H 89]

So this guide is the one I need? (As I (the non-us citizen outside the US) and my wife a us citizen in the us filing for me)

http://www.visajourney.com/content/i130guide1

Is there more to it than that? Seems 'to' straightforward?

It's very straightforward, and just the first step of several

[JoannaV 174]

So this guide is the one I need? (As I (the non-us citizen outside the US) and my wife a us citizen in the us filing for me)

http://www.visajourn...tent/i130guide1

Is there more to it than that? Seems 'to' straightforward?

It is pretty straightforward. Just involves a bit of waiting :-)

[*Snowdrop* 604]

So this guide is the one I need? (As I (the non-us citizen outside the US) and my wife a us citizen in the us filing for me)

http://www.visajourney.com/content/i130guide1

Is there more to it than that? Seems 'to' straightforward?

It often is very straightforward in terms of process - unless you have certain issues in your background such as convictions for certain crimes, drug use, previous abuses of the American immigration system.

The only problem for someone with even a very straightforward case there is no getting around the waiting. And apart from visits you will have to do most of this waiting apart - particularly if you need to work. I managed to get a sabbatical from my job during our process so spent 3 months in the US while waiting for the visa to be processed. (We applied in 2007 at a very backlogged time and it took over 12 months to complete)

If you are good with paperwork and have no big 'issues' in your background you should process as fast as the current processing times allow - I imagine it's going to take 5-10 months from the time you file (but could take longer, or for some really lucky people less).

The thing that's frustrating is that apart from having very clean paperwork and responding to all deadlines promptly there is really nothing more you can do to speed up the process. There's a lot of luck involved - which service center you get and how fast they are processing visas at the time you are there is the key to first stage which takes up the main amount of time.

[Nich-Nick 3,354]

Doesn't appear to be a sub-forum for the IR-1/CR-1's? Should I continue to use this K3 section?

Here's your forum fir IR1/CR1 http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

[rika60607 215]

Since your wife moved so recently... is she still considered a resident in the UK?

If yes, she could file I-130 with the US embassy instead of in the US

http://london.usembassy.gov/immigrant-visas/immediate-relatives.html

that path should get you a CR-1 visa faster!

[MajorFaff 0]

I don't know how I managed to miss the IR-1/CR-1 section. I shall moved my other questions there.. or perhaps a mod could move it for me?

Since your wife moved so recently... is she still considered a resident in the UK?

If yes, she could file I-130 with the US embassy instead of in the US

http://london.usembassy.gov/immigrant-visas/immediate-relatives.html

that path should get you a CR-1 visa faster!

My wife would still be considered resident in the UK as she has ILR (Indefinate Leave to Remain). Are you saying that she could do a direct consular filing? The only issue would be if she were needed to go to the embassy however, as we can't really leave our two dogs unattended. Also, I'm not really looking to give them any reason to turn us down as such (but I'm interested in none-the-less in a quicker option). Also, my wife was originally told that as we got married in America, she would have to file there instead of here, hence why she moved (a costly mistake?).

[rika60607 215]

Why don't you contact the embassy and ask them if she can file for you with them and what needs to be done?

As for the dogs, perhaps dog sitter is a possibility?

DCF used to take 2-3 months (country dependent), but I am not sure what it is for the UK these days. Check the DCF section posts for fresh info and stats.

Your info about marriage place was wrong - it does not matter, you could have married in Maldives, so what.

ETA: either way you need to start collecting paperwork for I-130 filing.

Edited December 5, 2011 by rika60607