Confused, need advice I 130

[baylily 0]

So, this process is taking a lot longer than we had anticipated, and admittedly because we did not submit enough info in our original I 130 petetion.

We filed the I 130 to the embassy in London back in November, it was received, processed, and came back requiring additional info (3 affidavits confirming our relationship). We sent those off 2 weeks ago, and so fingers crossed, they received them.

Now, it is my understanding that once the I 130 is approved, we get more paperwork, return said paperwork, and will *hopefully* be approved for an interview. And it also my understanding that this process could take an additonal 2 months once the I 130 is approved.

I know we are not an exceptional case, but is there a way for my husband to come to the US on another visa (a SPEEDY visa???) before his spousal visa is approved?

I understand he cannot work until his spousal visa is approved, but it is important for me that we are together during this stressful time.

He has never been denied entry, however, the last time he came to the US they informed us he would not be allowed in again on the visa waiver program.

Thanks--

[Little_My 464]

When a foreigner has a pending immigrant visa application, getting a non-immigrant visa becomes challenging. To get a visitor's visa, you must show non-immigrant intent - and when you are married to a USC and have petitioned for a green card, that becomes pretty hard to do.

You posted this in the DFC forum, but it seems to me from your post that you, the USC, are not currently in the UK. Are you doing the Direct Consular Filing process, or are you doing CR1 process with you in the US and him in the UK?

The only visa that he could try for is the B1/B2, since he has been told he cannot use the VWP again. There is nothing to stop him from trying, but he might very well be denied because of the pending spousal visa petition. In any case, he could not just come to the US and stay here until his visa is issued - he might be able to come and visit, but he would still have to leave to complete the process in the UK.

[JoannaV 174]

I'm guessing you filed in the UK and then you moved back to the US?

Unfortunately, there isn't much you can do. However, the good news is that you're over halfway there.

Was your husband told formally that he could not use the visa waiver program again, or was it something said by a border official as, kind of, advice? I mean, was it, "You cannot use the VWP again" or was it, "If you come again you probably won't succeed"?

He could of course try to apply for a visitor visa. Even if successful, you will still have to spend some time apart: he will need to be in the UK for the medical, and then also the interview. If he is in the US after the medical there is the chance that the interview may be delayed as he may not be able to get back in time.

[baylily 0]

Hi, sorry for the confussion.

Yes, we went DCF, but I had to move back to the US to start my job, so I moved back about a month after our I 130 was sent. I hope this isn't a problem too??

Just a thought, is there such a thing as an extension to the visa waiver? He's in the US now, and is scheduled to fly back on June 15th (the end of his 3 mos VWP). I suppose if we did decide to apply for B1/B2, he would have to be outside of the US anyway? So probably no way to avoid his pending depature?

I wasn't actually there when the agents spoke to him, but he did have to go into "the room", aka second phase of inspection. I'm not sure what the difference is between formal and informal, but they certainly did not give him anything in writing that stated he would not be able to enter again. I think they said something along the lines of "If we wanted to, we could deport you tomorrow morning, but we're going to let you in, for the last time". Not that I don't take these agents very seriously, but we heard this threat a couple times when we were dating, and *THANKFULLY* they we were always allowed to pass. However, I feel like our luck has run out with the VWP, and I'm not sure I would feel comfortable tempting fate, especially if I thought it would somehow jeopardize his ability to get his spousal visa because he was denied entry (this is possible, right?).

I realize we would still have to spend time apart for the health exam, and interview, but I was hoping it would be a few weeks instead of a couple months. The paperwork currently goes to his mother's residence, as we sold our property in the UK in January, so she would notify us, and help with any scheduling if needed.

[baylily 0]

AHH! Still no news re: I-130! Finding it extremely frustrating that there is no way to get an update since there is no case number assigned yet!

I contacted my local congressman's office, but they weren't terribly helpful, and now i'm getting out of office replies.

Anyone have any additonal insight as to what is happening at USCIS in London?