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Posted

I am a US Citizen and my husband is a UK Citizen - we are currently living in the UK and were trying to do DCF (Direct Consular Filing) to move to the US as we found out I am pregnant and I want to be near my mom. But since I have only been here since October 2008 they said I am not a permanent resident so I can't do it through London as I thought before - so now is the K-3 route.. problem is I can't fly past 32 weeks (October 22nd approx) pregnant and it takes six months approx to do the K-3 visa. My mother can start the paperwork before I get there but I would need to leave in October. I know I would need to be in the US before he could go there and finish the visa process so my questions are...

1. Is there a quicker way anyone knows about?

2. Is there a lawyer in the UK or agency etc that could expedite the process?

3. Could he visit on the visa waiver program for 3 months before he is accepted?

If anyone could help me out with this that would be greatly appreciated - thanks in advance.

Filed: Timeline
Posted

Expedite processing is only available to members of the Armed Forces who will be deployed.

You can move to the US anytime you want and hubby can remain in the UK waiting to be processed. Just FYI: a K-3 will not allow him to work on entry; so you might want to consider filing for the CR-1.

Posted

I know but the CR-1 takes longer than the K-3. I know I can go to the US but if my mother gets the process started now.. thats August September October November December January before he'd be back and the baby is due in the beginning of December - so he would miss the birth of his own child. That brings me back to the questions I asked.

Can he visit if thats the case? Ugh.

Filed: Other Country: United Kingdom
Timeline
Posted
I am a US Citizen and my husband is a UK Citizen - we are currently living in the UK and were trying to do DCF (Direct Consular Filing) to move to the US as we found out I am pregnant and I want to be near my mom. But since I have only been here since October 2008 they said I am not a permanent resident so I can't do it through London as I thought before - so now is the K-3 route.. problem is I can't fly past 32 weeks (October 22nd approx) pregnant and it takes six months approx to do the K-3 visa. My mother can start the paperwork before I get there but I would need to leave in October. I know I would need to be in the US before he could go there and finish the visa process so my questions are...

1. Is there a quicker way anyone knows about?

2. Is there a lawyer in the UK or agency etc that could expedite the process?

3. Could he visit on the visa waiver program for 3 months before he is accepted?

If anyone could help me out with this that would be greatly appreciated - thanks in advance.

You do not need a expedite to be able to return to the US. You can return anytime you want. There is nothing to stop you returning now and starting the application for a CR1/IR1 visa that way you will get the medical care you need while you are pregnant and can get things established so that when your husband get there he can find work as soon as possible.

Sadly USCIS will look at your reason for requesting expedite and tell you that your family planning issues are not the concern of immigration.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Expediting probably won't work in your case. Your husband can visit, but with a pregnant wife in the United States he will have to show VERY strong ties to the UK at the POE - things like a lease, a job letter with an intended return date, etc.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

Okay so it can't be expedited. I am not having my husband miss the birth of my baby though.

Is it possible for him to travel on the visa waiver program while his visa is still pending or no?

Okay so it can't be expedited. I am not having my husband miss the birth of my baby though.

Is it possible for him to travel on the visa waiver program while his visa is still pending or no?

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Expediting probably won't work in your case. Your husband can visit, but with a pregnant wife in the United States he will have to show VERY strong ties to the UK at the POE - things like a lease, a job letter with an intended return date, etc.

Good luck

PS - why does your mother need to start the paper work? Why can't you start it now and sent it to the lockbox in Chicago?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Other Country: United Kingdom
Timeline
Posted (edited)

Maybe you should have your baby in the UK so your husband will be there, as there is no guarantee that he will be allowed to enter the US on the VWP as they will see him as high risk of remaining.

I think your choices are go back to US to have your Mom near you when baby is due OR stay in the UK and have your husband with you at the birth.

In the mean time there is nothing to stop you from filing the I-130 and the postage from the UK is not that much.

Edited by TayRivers
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
Because postage wise it would get there quicker if it was sent from within the US instead of internationally - I am in the UK

You will need to sign the visa petition, affidavit of support, and other documents. You will need to send that to your mom so that she can send it in. No time savings there.

You should not use regular mail for sending anything regarding the immigration process. At the very least something with delivery confirmation. Tracking is even better. If something gets lost, you'll be waiting a lot longer to discover that it wasn't received. FedEx/UPS/DHL can ship from anywhere. And you aren't sending a lot of mail.

Unsolicited advice: This process is not inexpensive. Give yourselves enough of a budget to get through all the steps. Don't pinch pennies and cause yourselves needless stress.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted
Because postage wise it would get there quicker if it was sent from within the US instead of internationally - I am in the UK

You will need to sign the visa petition, affidavit of support, and other documents. You will need to send that to your mom so that she can send it in. No time savings there.

You should not use regular mail for sending anything regarding the immigration process. At the very least something with delivery confirmation. Tracking is even better. If something gets lost, you'll be waiting a lot longer to discover that it wasn't received. FedEx/UPS/DHL can ship from anywhere. And you aren't sending a lot of mail.

Unsolicited advice: This process is not inexpensive. Give yourselves enough of a budget to get through all the steps. Don't pinch pennies and cause yourselves needless stress.

Brother Anh is right thinking :thumbs:

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

The UK has quite a good health system, and much cheaper than the USA. You mgiht consider doing things the other way around: have your mom come over for the birth of the baby, then do DCF once baby is born.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Country: United Kingdom
Timeline
Posted
Because postage wise it would get there quicker if it was sent from within the US instead of internationally - I am in the UK

Your submission requires original documents from you; they are going to have to go UK to US one way or another, so your statement here doesn't make sense.

I've never promoted or seen this tried before but if you're willing to try for an expedite (which I agree won't happen via USCIS in the US) why not try pleading your case to USCIS London? I read about your 2 tries before, but IF you could speak to a human being there...

I'd also encourage you to check your assumptions about the K-3; it's not necessarily faster than the IV (usually not).

good luck.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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