US citizen in USA spouse in UK

[lynne1969 0]

hello.

i am looking for a bit of advise as to what to do next.

i understand everyones experiences are different and it is confusing me a little trying to get the advise i need, without posting and asking! so...here goes

i am a UK citizen, living in the UK, my husband is USC living in USA. we married in the USA and after 18 month or so i had to return to the UK for a family crisis, i lost my dad.

i have been here in the UK since june 2009 and am trying to return to the USA to be with my new family there, but neither of us know how to go about this the right way. i sent a letter to the US embassy in london and they replied saying we need to file in the USA by sending in the I-130, G-325 and supporting evidence...so this is what we are doing.

i left the USA without permission, just got on a plane, and prior to filing for AOS.

i have a SSI number, but no green card.

we have all the supporting documents, as in, marriage certificate, birth certificates, husbands tax information, passport photos, other photos and the required completed I-130 and G-325.

on the USCIS website it says we send to chicago lock box.

i am wondering how long all this will take and approx how much it will cost.

we went through the K1 visa process in 2007-08 and i received my visa in january 08, from jan 08 to june 09 i was in the USA.

my husband has visited me here for a week in january (2010) but returned to the USA.

since june i have had to find somewhere to live and work which i have both, but the place is killing me with rent as it is private landlord and i cannot afford to go through all this process again and it seems wrong that we are kept apart because of procedure.

can anyone advise please??

[LIFE'SJOURNEY 970]

hello.

i am looking for a bit of advise as to what to do next.

i understand everyones experiences are different and it is confusing me a little trying to get the advise i need, without posting and asking! so...here goes

i am a UK citizen, living in the UK, my husband is USC living in USA. we married in the USA and after 18 month or so i had to return to the UK for a family crisis, i lost my dad.

i have been here in the UK since june 2009 and am trying to return to the USA to be with my new family there, but neither of us know how to go about this the right way. i sent a letter to the US embassy in london and they replied saying we need to file in the USA by sending in the I-130, G-325 and supporting evidence...so this is what we are doing.

i left the USA without permission, just got on a plane, and prior to filing for AOS.

i have a SSI number, but no green card.

we have all the supporting documents, as in, marriage certificate, birth certificates, husbands tax information, passport photos, other photos and the required completed I-130 and G-325.

on the USCIS website it says we send to chicago lock box.

i am wondering how long all this will take and approx how much it will cost.

we went through the K1 visa process in 2007-08 and i received my visa in january 08, from jan 08 to june 09 i was in the USA.

my husband has visited me here for a week in january (2010) but returned to the USA.

since june i have had to find somewhere to live and work which i have both, but the place is killing me with rent as it is private landlord and i cannot afford to go through all this process again and

it seems wrong that we are kept apart because of procedure

.

can anyone advise please??

I know when people type such a statement, they have just had a bad day. So we will get past this statement and go to the guts of the problem.

Sorry for the loss of your father...

THE ONLY WAY FOR YOU TO ENTER BACK INTO THE USA, WILL BE FOR YOU'LL TO GO BACK THRU THIS LONG AND TEDIOUS PROCESS BY APPLYING FOR A CR1. Please refer to the VJ guide section above for a more detail explanation, and what this process will require of you and your husband.

There is no quick fix to your problem, lets clear up all non truth information:

1. A lawyer will not make your application process go any quicker.

2. A Congressman/Senator will not make the process go any quicker.

3. You haven't stated any reason as to why a hardship wavier would be a consideration in your case. Note: finance doesn't quality, nor does missing ones husband/wife.

Patients will help you to get to the end of this journey alot quicker. Good luck the end will come.

[sachinky 465]

So, you entered on a K-1, got married in 90 days and then left prior to filing AOS. Correct?

From what you describe, your best and seemingly only option is go via the CR-1 route.

Read the guides, read the forms and ask questions.

Good luck and I'm sorry for the loss of your father.

[milimelo 4,572]

How long between expiration of your I-94 on K1 and you leaving the country? That information could influence your overstay as you state that

we went through the K1 visa process in 2007-08 and i received my visa in january 08, from jan 08 to june 09 i was in the USA.

my husband has visited me here for a week in january (2010) but returned to the USA.

[elmcitymaven 9,712]

I'm moving this from the DCF forum to the CR1/IR1 forum as the OP is not eligible to file DCF.

To the OP: Those who have posted above me are correct -- you will need to file for a CR-1. Start by reading the guides, and have a look at the timelines of people doing CR1/IR1s through London to get an idea of how long it will take. After doing so, feel free to ask questions in the CR1/IR1 forum. Very sorry for the loss of your father.

This is a good example of why it is important to file for AOS as soon as possible after the wedding -- you would have been eligible for emergency advanced parole even if the AOS had not been complete. There was a long discussion on this board recently about whether it is necessary to file for AOS immediately after the wedding; this is the consequence of not doing so in a timely fashion.

[lynne1969 0]

I'm moving this from the DCF forum to the CR1/IR1 forum as the OP is not eligible to file DCF.

To the OP: Those who have posted above me are correct -- you will need to file for a CR-1. Start by reading the guides, and have a look at the timelines of people doing CR1/IR1s through London to get an idea of how long it will take. After doing so, feel free to ask questions in the CR1/IR1 forum. Very sorry for the loss of your father.

This is a good example of why it is important to file for AOS as soon as possible after the wedding -- you would have been eligible for emergency advanced parole even if the AOS had not been complete. There was a long discussion on this board recently about whether it is necessary to file for AOS immediately after the wedding; this is the consequence of not doing so in a timely fashion.

hello and thankyou for these replies.

ive read further and i read that CR1 is conditional residence for them married less than two years...we have been married just over 2 years so wouldnt our option be IR1 instead?

what are the differences other than marriage timespan?

[sachinky 465]

If you've been married for more than 2 years, yes, then you will be issued a IR-1 visa.

[lynne1969 0]

I know when people type such a statement, they have just had a bad day. So we will get past this statement and go to the guts of the problem.

Sorry for the loss of your father...

THE ONLY WAY FOR YOU TO ENTER BACK INTO THE USA, WILL BE FOR YOU'LL TO GO BACK THRU THIS LONG AND TEDIOUS PROCESS BY APPLYING FOR A CR1. Please refer to the VJ guide section above for a more detail explanation, and what this process will require of you and your husband.

There is no quick fix to your problem, lets clear up all non truth information:

1. A lawyer will not make your application process go any quicker.

2. A Congressman/Senator will not make the process go any quicker.

3. You haven't stated any reason as to why a hardship wavier would be a consideration in your case. Note: finance doesn't quality, nor does missing ones husband/wife.

Patients will help you to get to the end of this journey alot quicker. Good luck the end will come.

thankyou.

ok, finance and missing my husband doesnt proove hardship, i understand that, but surly his mother who is in her 70s is currently looking after his children while he goes to work, me being there is better all round.

we didnt do anything wrong other than i left the country without advance parole to assist with my dad...and ok, we never thought of the consequences - who would?

looking up the processing times of the I-130 form on the USCIS website it says 5 months, i know everyones processing time would be different as different circumstances, but our case is really pretty straight forward...

can anyone give a clue on how long i would be stuck here please...from fileing to visa?

[Deb+Steve 13]

On average it is 3 months at the moment for an I-130 approval from USCIS. NVC times are really dependent upon the submission of the paperwork by the petitioner and the beneficiary, scheduling of the interview by NVC at your Consulate can be 4 weeks and up to 9 months or even longer for some Consulates. Bear in mind the 5 months processing time is only for the initial approval from USCIS not the whole process (although it is possible in some cases).

VJers in the UK forum will be able to give you a better idea on the wait time for an interview in London so your question on timelines may be better posed in the regional forum.

Best of luck and my sympathy for your loss ...

[sachinky 465]

Around 6-8 months. Could be more, could be less.

Edited March 29, 2010 by sachinky

[lynne1969 0]

Around 6-8 months. Could be more, could be less.

as long as its not 5 - 10 years like we were previously told! neither of us could cope with that!

thank you

[Deb+Steve 13]

as long as its not 5 - 10 years like we were previously told! neither of us could cope with that!

thank you

Well, if your husband wasn't a USC then yea ... it could take that long. We are among the lucky ones even though it doesn't feel that way right now.

[lynne1969 0]

hello,

i am still reading and researching.

i am wondering if, once hearing from NVC and making an appointment with the london embassy would i need to have another medical with knightsbridge? i have already had a medical in 2007 which included all the vacinations and xrays which i still have the documents.

anyone advise?

[sachinky 465]

Apparently, the medical is only valid for a year. I could be wrong.

[milimelo 4,572]

Apparently, the medical is only valid for a year. I could be wrong.

You're right - medical is good for a year.