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Filed: Country: United Kingdom
Timeline
Posted

My husband and I were married 2.5 years ago here in the states - I am a US Citizen, and my husband is a UK Citizen. My children and I applied and were approved for UK Visa's, in which we spent only one year in the UK. We have no intentions of moving back to the UK, so now we want to get my husband here to the US. I'm very uncertain of what to do, as my husband is here now for a visit and is set to go back this month, but we don't want him to leave. Although I've looked for posts on topics like this, I've not found anything that really discusses the options in full. Can we apply for his Visa while he is in the US, or does he have to go back to the UK first? Is it even possible that he can stay here now?

Could someone please point me in the right direction to view all of the options that are available?

Thank you!

Posted

Adjusting status from the visa waiver program is in flux right now. Where most people used to skate by with ease, some local offices now deny all. Unlike marriages which are spontaneous and now they want to stay, you were already married, and clearly came back to stay, so the whole intent issue seems to me to not work in your favor. Add this adverse factor to the weirdness going on with the VWP adjustment, and it sounds like a recipe for trouble to me. I respect Jim's opinion a lot, so I would direct you to read his posts and comments in this thread: http://www.visajourney.com/forums/topic/278446-married-under-visa-waiver/page__st__30

Your safest bet is to file the I-130 and go the established legal route for him to get a visa to immigrate to the US. If you file the I-130 asap while he's here, you can wait out some of that processing time together.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Filed: IR-5 Country: India
Timeline
Posted

Adjusting status from the visa waiver program is in flux right now. Where most people used to skate by with ease, some local offices now deny all. Unlike marriages which are spontaneous and now they want to stay, you were already married, and clearly came back to stay, so the whole intent issue seems to me to not work in your favor. Add this adverse factor to the weirdness going on with the VWP adjustment, and it sounds like a recipe for trouble to me. I respect Jim's opinion a lot, so I would direct you to read his posts and comments in this thread: http://www.visajourn...er/page__st__30

Your safest bet is to file the I-130 and go the established legal route for him to get a visa to immigrate to the US. If you file the I-130 asap while he's here, you can wait out some of that processing time together.

That's a good advice :thumbs:

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

Posted

My husband moved to the UK to be with me and he really doesn't like it. We're in a similar situation to you, my husband will be return to the US later this year and I can't bare the thought that we'll have to go through months of being apart. I thought about entering the US through the VWP and then filing to adjust my status but don't want to take the risk of being denied because I didn't follow the correct channels. From what I've been reading, if you have status to live in the UK, you can return with him and file from here directly to the consulate. Which has faster approval time. If I've read the website correctly. Like you, I'm new to UK to US immigration. US to UK seems so much easier in comparison. I really hope it works out for you xx

Posted

My husband moved to the UK to be with me and he really doesn't like it. We're in a similar situation to you, my husband will be return to the US later this year and I can't bare the thought that we'll have to go through months of being apart. I thought about entering the US through the VWP and then filing to adjust my status but don't want to take the risk of being denied because I didn't follow the correct channels. From what I've been reading, if you have status to live in the UK, you can return with him and file from here directly to the consulate. Which has faster approval time. If I've read the website correctly. Like you, I'm new to UK to US immigration. US to UK seems so much easier in comparison. I really hope it works out for you xx

Shermeen, This is called Direct Consular Filing, and there is a guide for how to do it on this site. Also, check out the DCF forum, there is a whole thread for people who are doing this in the UK!

Here are some links for you:

http://www.visajourney.com/content/dcf

http://www.visajourney.com/forums/topic/240695-uk-dcf-the-ins-and-outs-and-ups-and-downs/

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Filed: Country: United Kingdom
Timeline
Posted

My husband and I were married 2.5 years ago here in the states - I am a US Citizen, and my husband is a UK Citizen. My children and I applied and were approved for UK Visa's, in which we spent only one year in the UK. We have no intentions of moving back to the UK, so now we want to get my husband here to the US. I'm very uncertain of what to do, as my husband is here now for a visit and is set to go back this month, but we don't want him to leave. Although I've looked for posts on topics like this, I've not found anything that really discusses the options in full. Can we apply for his Visa while he is in the US, or does he have to go back to the UK first? Is it even possible that he can stay here now?

Could someone please point me in the right direction to view all of the options that are available?

Thank you!

My returning to the UK is not an option as I work full time and my UK Visa expired in May. If we were to file for the I-130 right now, how long after that would we need to send in the I-864? Do they have to go in at the same time? What would have to happen for him to be able to stay here rather then returning to the UK in Dec? We will also have the co-sponsor situation - is there a separate form for that, or would we include that on the initial form?

I'm sorry if I'm asking repeat questions, but unfortunately I don't have much time to go through all of the forums - I've just taken on job #2 to make ends meet, so free time is really non-existent right now. Thank you for all the help and responses!

 
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