I-130 Questions

[CheeseQuavers 0]

Ok, so my Husband and I married in March of 2006, he brought me to the UK, and we want to move to the USA. We are currently in the UK.

I am due to move back to Illinois on the 23rd of June to start college and work at the new hospital. My husband is stuck in a contract here in the UK with his current boss for the next 2 years. I will be living with my parents, and they will probably be joint sponsors in my application.

I want to file the I-130 petition to get the ball rolling, but due to timing issues, and possible problems with selling our home in the UK in time for the Visa's expiration date, I am a bit worried.

Is there any way to ask for an extension of the Visa once he receives it, or is it 6 months after interview date, no exceptions?

If it is 6 months, no exceptions, are there any conditions on his entering and exiting the USA? ie, when I got my spousal visa for the uk, I was only allowed 90 days total out of the country in a given year, else my visa would be cancelled.

What we are thinking is that we'll apply for the visa asap, try and get that sorted out and have him fly out to the USA to activate his permanent residency, then he will return to the UK to sell the house and take care of any other loose ends.

I cannot stay to do DFC, so this is really our only option. I need to be at home to care for my parents, and with my other half's time restraints, I am not interested in the K-3 or faster routes.

Thank you for any advice you can give us!!

[Bobby+Umit 161]

I'm confused - what visa was he on originally? (K-1)? Or was he here on the VWP - got married, and you both went back to the UK?

What visa are you trying for now?

[Lansbury 19]

You say he is contracted to his current boss for 2 years. Does that mean he has to live in the UK during that time.

He can come over activate his visa and return to tie up the sale of the house etc, but if he wants to be in the UK for 2 years I believe he would have to apply for permission to be out that long. Sorry can't remember what it is called, advance parole or reentry permit.

Once you have a GC you really cannot stay outside the US for more than 12 months. Some say even 6 months could cause problems. The problem is if he comes back to the US and the CBP officer deems he has given up his permanent resident status he could be refused entry.

The fact you are married and yourself living in the US doesn't stop him using the VWP to come for visits, providing they are not long than 90 days and not too frequent. If he needs to be in the UK for 2 years that is an option and apply for his visa say 9 months or so before he is ready to move.

[imaisha 1]

Sounds like they never lived together in the US. They got married wherever they got married and have lived together in the UK ever since. Now they will be pursuing the IR-1 visa.

Casandra, I don't think you will have any problem stretching the process out over the course of two years. You should plan on just under a year to get the visa normally (6 months @ USCIS, 1-2 months @ NVC, 1-2 months wait for the interview). You can delay processing at NVC for up to a year though. It's all just about when you send in the papers. As long as you are still in contact with them, they'll keep the case open. Once the interview is scheduled in London you can contact the embassy and ask them to push back the date by a few weeks if you really have to. Then he'll have 6 months to enter. By that time you should be pretty close to the two year mark. If he needs to go back for a few weeks he absolutely can. The good part of the CR/IR-1 is that he can travel freely. I don't think you have to worry too much.