Whats the best Visa to get when married to USC for over 6 years

[Eric.t 5]

Hi there

i have just come across this site and i was hoping you guys out there may be able to help us

i'll give you a quick back story

my wife(USC) and me(British citizen) have been happily married for 6 almost 7 years and we have a 3 year old daughter (also USC) at the moment we are living in the UK. However just recently for family reasons her parents arn't in the best of health . she has decided that she wants us all to move to the US.We are due to visit the US for thanksgiving and she has suggested that she and my daughter stay there and set up a home for us whilst i return to the UK and apply for a visa to re-join my family and also settle our affairs here i.e sell the house close down bank accounts etc and also build up some money in savings as i have quite a well paid job here.

my question is what is the best visa to apply for and also how long do they take to arrive?

i would like to thank you all in advance for any responses and for taking the time to read my query

yours Eric

[goldylox 0]

Hi Eric

I am sure that other people, more qualified will repond to our post. I would think the CR1 visa would be the best visa to get and would probably take about 8-9 months to go through the process. I am not sure about your daughters visa though. Here is a link for the CR1 which would give you an idea on the process and what would be needed. Wish you luck.

My link.

[canadian_wife 1,822]

Hi Eric

I am sure that other people, more qualified will repond to our post. I would think the CR1 visa would be the best visa to get and would probably take about 8-9 months to go through the process. I am not sure about your daughters visa though. Here is a link for the CR1 which would give you an idea on the process and what would be needed. Wish you luck.

My link.

CR-1 isn't an option, they've been married longer than 2 years

OP - the Ir1 is your best bet. You will be given 10 PR status as soon as you activate your visa. Your daughter should, if your wife qualifies, be a US citizen, have you gotten her passport yet?

Good luck

[Penguin_ie 5,993]

I would suggest your wife file the I-130 (for the IR-1 visa as mentioned above). You can save time by filing now, that way your wife could file directly at the US embassy in London (through a process called DCF. See this forum for more details: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/ ) this will save you a considerable amount of time.

[pushbrk 12,898]

CR-1 isn't an option, they've been married longer than 2 years

OP - the Ir1 is your best bet. You will be given 10 PR status as soon as you activate your visa. Your daughter should, if your wife qualifies, be a US citizen, have you gotten her passport yet?

Good luck

IR1 would be the visa he would qualify for but there's no such thing as 10PR status. IR1 is also the status. You could accurately refer to that as simply LPR or Legal Permanent Resident status. CR1 is Conditional Permanent Resident status granted when the foreigner enters the USA prior to two years of marriage. IR1 = Immediate Relative with the 1 indicating Spouse of a US Citizen. CR1 = Conditional Relative 1 (spouse of USC).

As for the wife's passport, a US Citizen living in the UK would have needed a passport to travel there. Residence is not citizenship.

[sachinky 465]

The daughter will not need a visa as she is a USC.

File for IR-1 through DCF.

Welcome to VJ.

[Eric.t 5]

wow thanks for the very quick replies

our daughter is already an American citizen we reprted her birth at the American embassey in london and got a consular report of birth abroad she also has a US passport

[Eric.t 5]

looks like it will be the IR-1 visa i need to apply for

how long does that take to process?

[pushbrk 12,898]

looks like it will be the IR-1 visa i need to apply for

how long does that take to process?

Start by clicking on the word Guides at the top of any page here. If you can file directly with the Consulate in London, it will only take a few months. Otherwise, more like 9 or 10 months.

[Eric.t 5]

Start by clicking on the word Guides at the top of any page here. If you can file directly with the Consulate in London, it will only take a few months. Otherwise, more like 9 or 10 months.

ok thanks for the info

if we file at the Embassay in London does it matter if my wife moves to the US whilst i'm waiting for a visa

[payxibka 10,045]

ok thanks for the info

if we file at the Embassay in London does it matter if my wife moves to the US whilst i'm waiting for a visa

not an issue as long as she does not move before the petition is filed with the USCIS office in London

[pushbrk 12,898]

ok thanks for the info

if we file at the Embassay in London does it matter if my wife moves to the US whilst i'm waiting for a visa

No problem. That's actually best. You'll have to deal with the issue of sponsorship. Unless your income would continue from the same source after you immigrate to the USA, you'll to deal with the financial requirement either with your wife's income, your liquid assets or a joint sponsor who qualifies. For a family of three, it will take about $75,000 in liquid assets to self-sponsor.

[Eric.t 5]

thank you to everybody who has replied or read my post

i now have a lot better idea of what we need to do now

sorry to bother you guys with another question but my wife want's to know when i recive the IR-1 visa is there a time period between receiving it and having to move to the US before the visa expires like 90 days or so

thank you to everybody who has replied or read my post

i now have a lot better idea of what we need to do now

sorry to bother you guys with another question but my wife want's to know when i recive the IR-1 visa is there a time period between receiving it and having to move to the US before the visa expires like 90 days or so

scrub that last question i know the answer to that it's 6 months

[Nich-Nick 3,354]

my question is what is the best visa to apply for and also how long do they take to arrive?

i would like to thank you all in advance for any responses and for taking the time to read my query

Here are your instructions if your wife wants to file the I-130 petition directly to the USCIS office in London: http://london.usembassy.gov/dhs/uscis/i130filing.html

Once the I-130 petition is approved, it it forwarded to the Immigrant Visa Unit (no longer USCIS)also in London and you will apply for the IR1 visa at the embassy. That will take 2-3 more months. Here's information about that step http://london.usembassy.gov/ivprocess.html and http://london.usembassy.gov/ds2001.html

Alternately, your wife can file a petition with the USCIS in the United States. When the petition is approved, it will go to the National Visa Center (NVC) for more processing (sending documents, paying fees). Here's whathappens at the NVC http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf. Next it will end up in London where you will have an interview.

A difference in filing in the US or directly to London is:

US filed petitions have much of the visa work done at the NVC.

Direct Consular petitions do not go to NVC, but have the same documents and visa processes done at the Immigrant Visa Unit in London.

Edited October 23, 2011 by Nich-Nick

[NicciNono 1]

CR1 isnt an option for you, as you have been married for well over 2 years. You can get a Ir1 (immidiate relative)

Good luck