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Spousal visa questions pls help!!

By The Heub's in IR-1 / CR-1 Spouse Visa Process & Procedures

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The Heub's Contributor

The Heub's   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
Posted

Hi I have a few questions if anyone can help.....when applying for a spousal visa (i am uk and my husband is USA) how long does it take? I know i will have to return to the uk..is he able to come and file the i130 there with me? If i had overstayed this time by 5 months would that make a differnce to our application..i was always going to leave the us, as i have commitments over there such as a house i am renting out and then eventually selling. I ask this question as i know the 180 days is not up so i hope it has not stopped our chances off being together that is all we want!! too have a family and be together !!

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

*** not a K-3 visa question, moving to IR-1/CR-1 forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Hi I have a few questions if anyone can help.....when applying for a spousal visa (i am uk and my husband is USA) how long does it take? I know i will have to return to the uk..is he able to come and file the i130 there with me? If i had overstayed this time by 5 months would that make a differnce to our application..i was always going to leave the us, as i have commitments over there such as a house i am renting out and then eventually selling. I ask this question as i know the 180 days is not up so i hope it has not stopped our chances off being together that is all we want!! too have a family and be together !!

Don't overstay. Leave the U.S before the visa expiry.

If your husband is in U.K for at least, yes, he can file the petition at U.K as Direct Consular Filing, which is far faster than filing in the U.S.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Hey ! Welcome to VJ !! Have you studied the Guides Section here ? Lots of good info on 'spousal visas' there.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Don't overstay. Leave the U.S before the visa expiry.

If your husband is in U.K for at least, yes, he can file the petition at U.K as Direct Consular Filing, which is far faster than filing in the U.S.

Loto

Sorry I forgot to complete my sentence - If your husband is in U.K for at least 6 months, yes, DCF is an option for you.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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The Heub's Contributor

The Heub's   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
  • Author
Posted

Sorry I forgot to complete my sentence - If your husband is in U.K for at least 6 months, yes, DCF is an option for you.

Loto

so he would have to stay in the UK for 6 months to be able to even start the process off a i130? We really want to do it asap ..any tips!

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

so he would have to stay in the UK for 6 months to be able to even start the process off a i130? We really want to do it asap ..any tips!

In your case both DCF and filing in the U.S will take the same time.

DCF - 6 months wait + 1 to 2 months I-130 approval + 1 to 2 months for Consulate Interview

USCIS filing - 6 months wait for I-130 approval + 1 to 2 months for NVC + 1 to 2 months for Consulate Interview

The benefit in DCF is you can have every day and night with your hubby!

There is no other short cut.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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The Heub's Contributor

The Heub's   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
  • Author
Posted

In your case both DCF and filing in the U.S will take the same time.

DCF - 6 months wait + 1 to 2 months I-130 approval + 1 to 2 months for Consulate Interview

USCIS filing - 6 months wait for I-130 approval + 1 to 2 months for NVC + 1 to 2 months for Consulate Interview

The benefit in DCF is you can have every day and night with your hubby!

There is no other short cut.

Loto

Thanks alot for your help i can see from your case that you have alot more experience in this. Do you think he would be able to apply for the i130 here in the us and then come over to the uk for 3-6 months? he wouldnt be allowed to stay any longer in the UK then 6 months..as we have a apartment etc in the us so we are going to be paying double rent as it is! like you said the main thing is were together..its all we want and even though i am going back it would be so much easier if we could apply here..but i also dont want to jeopardize our future by getting denied.

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted (edited)

Oh you welcome, inline responses!

Loto

Thanks alot for your help i can see from your case that you have alot more experience in this. Do you think he would be able to apply for the i130 here in the us and then come over to the uk for 3-6 months? That's absolutely possible. Only catch here is, later at NVC stage, the petitioner (your hubby) has to execute an Affidavit of Support (I-864). His income needs to be above the poverty line set in I-864P. I hope he earns good income. Then it is fine. Otherwise, he will have to find out a joint sponsor later.

he wouldnt be allowed to stay any longer in the UK then 6 months..as we have a apartment etc in the us so we are going to be paying double rent as it is! like you said the main thing is were together..its all we want and even though i am going back it would be so much easier if we could apply here..but i also dont want to jeopardize our future by getting denied.

Also, since he has an apartment in the U.S, it would be helpful to prove him U.S domicile.

Somebody should monitor the mails since USCIS will send Receipt Notice in about 2 to 3 weeks after filing I-130. Then Approval notice in about 4 to 6 months time. Also if there is any RFE (hope not), the petitioner has to respond to the USCIS as well.

Edited by LotOfPatience

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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The Heub's Contributor

The Heub's   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
  • Author
Posted

Oh you welcome, inline responses!

Loto

Also, since he has an apartment in the U.S, it would be helpful to prove him U.S domicile.

Somebody should monitor the mails since USCIS will send Receipt Notice in about 2 to 3 weeks after filing I-130. Then Approval notice in about 4 to 6 months time. Also if there is any RFE (hope not), the petitioner has to respond to the USCIS as well.

Thanks again you've been a great help! we have already got a co-sponsor as he does not meet the requirements money-wise, we were originally meant to be applying for the AOS but have recently been advised not too

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The Heub's Contributor

The Heub's   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
  • Author
Posted

Thanks again you've been a great help! we have already got a co-sponsor as he does not meet the requirements money-wise, we were originally meant to be applying for the AOS but have recently been advised not too

And sorry what is RFE? im trying to get use to the diff jargon in this never ending story!!

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Thanks again you've been a great help! we have already got a co-sponsor as he does not meet the requirements money-wise, we were originally meant to be applying for the AOS but have recently been advised not too

Then you are all set.

Don't go for AOS. It is risky in your case!

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

And sorry what is RFE? im trying to get use to the diff jargon in this never ending story!!

RFE is Request For additional Evidence.

If your original I-130 submission lacks any documents or incomplete forms, USCIS will send a letter to provide them. So, be perfect in the initial submission of I-130.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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Lovebirds2009 Explorer

Lovebirds2009   3

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

so he would have to stay in the UK for 6 months to be able to even start the process off a i130? We really want to do it asap ..any tips!

Not only stay-BUT LIVE THERE.WITH PROOF HE IS LIVING THERE(adress,account,bills on his nam and UK adress, whatever)

I TRIED THAT JUST FEW MONTHS BACK WHEN STARTING VISA PROCESS...i was there for over that time,but they told me I have to have proofs I was actually living there(not visiting)-they told me this in US embassy.So I had to leave and file from USA.Usually takes around 5-6 mos.Unless there are problems...

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