Help needed in London, please!

[tarralyn 0]

I'm new to this forum, so please excuse me if this topic has come up before...

My husband (UK) and I (US) were married in the US in April 2006. Since then we have been living in the UK. We are now ready to move to the US and have been advised to submit the I-130 to the London office. We've been told that usually takes 12-15 weeks to process, then we would be granted interview and medical.

Can anyone please tell me how long the second part takes??? I understand the 12-15 weeks for part I but have been given no clue how long after that we could expect an interview and how long after that until he gets the visa.

I only ask because we're at a crossroads -- my UK visa expires in April (as it has been two years) and I am eligible to apply for the next visa, but it costs nearly £1000 and seems like a lot of money when we plan on living in America ASAP anyway.

Many thanks in advance for anyone who can offer any advice!!

Tarra

[YuAndDan 153]

The timelines are your friends.

http://www.visajourney.com/timeline/k1list...m&dfile=Yes

US YOU http://www.visajourney.com/timeline/profile.php?id=43875

[tarralyn 0]

Thanks for this!!

I guess the one thing I didn't consider was applying for a job in the US. We're going to live with my parents until we get jobs. Do they then have to fill out a I896 to show they will support us?

Edited January 14, 2008 by tarralyn

[Silas 0]

Hi Tarra,

Generally speaking DCF via London takes 4 - 6 months from sending in the I-130 to receiving the visa.

It might help if I try to briefly explain the second part of the process.

A week or so after the I-130 has been approved the beneficiary (your husband) recieves "packet 3" from the embassy. "Packet 3" contains: 1) a checklist of all the information/documentation that the embassy requires he brings to the interview, 2) info about how to book the medical and 3) a form called DS-230 part I. Once you have collated all the documents that they need (police certificate, birth certificate, etc) then you return the checklist to the embassy along with a completed DS-230 part I. Only on receiving the checklist and the DS-230 part I will the embassy schedule an interview. In most circumstances in London the application will be approved on the day of the interview and your husband will have his passport will a spanking new visa a day or two after that courtesy of a courier.

Obviously, it is difficult to give any sort of absolute timeline. For instance, if it's a busy time for the embassy they won't schedule an interview as quickly as they would at a quieter time of the year. You can, however, speed up your timeline by making sure you have all your documents in place before you receive packet 3. For instance getting a UK police certificate takes 40 days so I'd advise your husband to request that at about the same time as you send in the I-130 in on his behalf.

In my own case, the second part of the process took exactly one calender month from receiving packet 3 to the date of my interview but this seemed to be pretty quick by London's current standards. If you go on the UK sub-forum - and you should, it's pretty friendly - have a look at other London DCFers timelines and you'll be able to get a better idea of the average time from packet 3 to interview.

[YuAndDan 153]

Thanks for this!!

I guess the one thing I didn't consider was applying for a job in the US. We're going to live with my parents until we get jobs. Do they then have to fill out a I896 to show they will support us?

You the Spouse of the foreign citizen MUST file I-864, but you can use a parant as a Joint-Sponsor, and they too fill out and provide an I-864.

NOTE: In order for you to submit the REQUIRED I-864 you must prove 2 things, First you maintained US Domicile, and Second, you need to have been filing IRS returns while out of country, US Citizens may be exempt from paying tax on foreign income, but are not exempt from filing a return.

[tarralyn 0]

Dear Silas -- You have been immensely helpful! I could cry with joy of having someone explain things simply (not government talk). May I ask one more thing, if you know. I've been working here full time since entering the country while my husband has studied to be a teacher (graduating in June). So we were moving back to the US without jobs, living with my family until we find them. Does this mean my parents need to sponsor us? Do you know if this makes things more difficult? I'm just not prepared to give me well-paid job up in the UK until I'm sure of when we're leaving!

And many thanks for the police tip! Will get Joe to do it now! He's had a CRB check for teaching, not sure if that counts...

Best regards,

Tarra

Hi Tarra,

Generally speaking DCF via London takes 4 - 6 months from sending in the I-130 to receiving the visa.

It might help if I try to briefly explain the second part of the process.

A week or so after the I-130 has been approved the beneficiary (your husband) recieves "packet 3" from the embassy. "Packet 3" contains: 1) a checklist of all the information/documentation that the embassy requires he brings to the interview, 2) info about how to book the medical and 3) a form called DS-230 part I. Once you have collated all the documents that they need (police certificate, birth certificate, etc) then you return the checklist to the embassy along with a completed DS-230 part I. Only on receiving the checklist and the DS-230 part I will the embassy schedule an interview. In most circumstances in London the application will be approved on the day of the interview and your husband will have his passport will a spanking new visa a day or two after that courtesy of a courier.

Obviously, it is difficult to give any sort of absolute timeline. For instance, if it's a busy time for the embassy they won't schedule an interview as quickly as they would at a quieter time of the year. You can, however, speed up your timeline by making sure you have all your documents in place before you receive packet 3. For instance getting a UK police certificate takes 40 days so I'd advise your husband to request that at about the same time as you send in the I-130 in on his behalf.

In my own case, the second part of the process took exactly one calender month from receiving packet 3 to the date of my interview but this seemed to be pretty quick by London's current standards. If you go on the UK sub-forum - and you should, it's pretty friendly - have a look at other London DCFers timelines and you'll be able to get a better idea of the average time from packet 3 to interview.

[tarralyn 0]

Oh #######! I haven't been filing my IRS forms. Oh this is going to be a mess isn't it?!

Thanks for this!!

I guess the one thing I didn't consider was applying for a job in the US. We're going to live with my parents until we get jobs. Do they then have to fill out a I896 to show they will support us?

You the Spouse of the foreign citizen MUST file I-864, but you can use a parant as a Joint-Sponsor, and they too fill out and provide an I-864.

NOTE: In order for you to submit the REQUIRED I-864 you must prove 2 things, First you maintained US Domicile, and Second, you need to have been filing IRS returns while out of country, US Citizens may be exempt from paying tax on foreign income, but are not exempt from filing a return.

[MargotDarko 0]

You'll want to backfile as soon as you can, but it's not as hard as it seems. You can call the IRS for help and even make an appt with the IRS people at the embassy in London if you can get to London.

I bet you could get the second part down in about two months. In your situation, I would think it would be better to go home a bit early ahead of your husband instead of applying for Indefinite Leave to Remain. Especially if you plan to settle in the US for at least two or three years.

[tarralyn 0]

Cheers :-) I have a lot of research to do tonight. This forum is absolutely amazing!! I can't believe the help I've received in just one day!

THANK YOU TO ALL!!

You'll want to backfile as soon as you can, but it's not as hard as it seems. You can call the IRS for help and even make an appt with the IRS people at the embassy in London if you can get to London.

I bet you could get the second part down in about two months. In your situation, I would think it would be better to go home a bit early ahead of your husband instead of applying for Indefinite Leave to Remain. Especially if you plan to settle in the US for at least two or three years.