Process for 10 month trip to US

[JonathanL 0]

My US citizen wife wants to do a one-year masters programme in her home town of Denver.

I, a UK citizen, would like to go with her for the majority of the time she is out there (September 2012 to early-July 2013) get a part-time job and drive.

I have been looking at form I-130 and think that is the right way to go?

The processing times seem rather long, is there any way to speed the process up (ie applying through US embassy in London)?

Will I be able to work on form I-130 or is something required on top of it?

Is there anything i need to take into account that I haven't thought of?

[pushbrk 13,092]

My US citizen wife wants to do a one-year masters programme in her home town of Denver.

I, a UK citizen, would like to go with her for the majority of the time she is out there (September 2012 to early-July 2013) get a part-time job and drive.

I have been looking at form I-130 and think that is the right way to go?

The processing times seem rather long, is there any way to speed the process up (ie applying through US embassy in London)?

Will I be able to work on form I-130 or is something required on top of it?

Is there anything i need to take into account that I haven't thought of?

The I-130 form leads to an immigrant visa. It is intended for foreigners who intend to reside in the USA permanently (immigrate). There is no visa or process in place for you to do as you describe. You can visit on the VWP, or perhaps be issued a B1 visa that allows a six month stay but you would not be able to work as a visitor. Driving during a visit is not a problem.

[JonathanL 0]

I-130 is probably the way to go in case my wife inevitably tries to convince me we should be staying. I would also like to be able to bring in some money while we are there which pushes me in the same direction.

Does the immigrant visa expire if you are out of the country for a certain time period?

[Nich-Nick 3,354]

I-130 is probably the way to go in case my wife inevitably tries to convince me we should be staying. I would also like to be able to bring in some money while we are there which pushes me in the same direction.

Does the immigrant visa expire if you are out of the country for a certain time period?

The CR1 visa will result in a greencard (US permanent resident) as soon as you enter the US. You are expected to live in the US with short visits abroad or you will lose status as a permanent resident.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

If your wife is a resident of the UK, she can petition for you through th US Embassy London. http://london.usembassy.gov/dhs/uscis/i130filing.html It's commonly called DCF (direct consular filing).

Edited February 27, 2012 by Nich-Nick

[JonathanL 0]

Is it quicker to go through the US embassy in London or can I still expect 6 months+

[pushbrk 13,092]

Is it quicker to go through the US embassy in London or can I still expect 6 months+

Yes, it's quicker to DCF. Be sure to familiarize yourself with how to maintain your LPR status, once you achieve it.

[JonathanL 0]

Yes, it's quicker to DCF. Be sure to familiarize yourself with how to maintain your LPR status, once you achieve it.

Well after you lose it, I assume its possible to reapply if necessary in future? Just need to wait all over again.

Do I need the visa to be entirely finalised before I could travel to the states or can it be sent to me after I am in the country with an ESTA?

What sort of time are we looking at with DCF?

[pushbrk 13,092]

Well after you lose it, I assume its possible to reapply if necessary in future? Just need to wait all over again.

Do I need the visa to be entirely finalised before I could travel to the states or can it be sent to me after I am in the country with an ESTA?

What sort of time are we looking at with DCF?

Again, visas are used to enter countries. Start with studying the guide. You can visit without the visa but you will obtain the visa in London. Not sure on current DCF timelines for London.

[Nich-Nick 3,354]

Well after you lose it, I assume its possible to reapply if necessary in future? Just need to wait all over again.

Do I need the visa to be entirely finalised before I could travel to the states or can it be sent to me after I am in the country with an ESTA?

What sort of time are we looking at with DCF?

You have to interview and get a medical in London, so sending a visa is not an option. Here's the basic fees you're looking at when done through the US. Not sure about the DCF route because you don't do the NVC step, but will pay the visa fee to the embassy instead. Add travel to London twice.

CR1 route = $912 + £259.50

$420 (USCIS) I-130

$88 (NVC) Affidavit of Support fee

$404 (NVC) Immigrant Visa fee

£35 ACPO Police certificate

£210 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

Here's a Visa Journey DCF forum. Maybe you can find some Brit timelines http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

Here's a long thread going on British Expats for DCF http://britishexpats.com/forum/showthread.php?t=719495

Edited February 27, 2012 by Nich-Nick

[JonathanL 0]

I'm finding this whole thing rather annoying. I only want to be there for 10 months and I have to potentially wait six-ten months to set up a permanent residency I don't at this stage intend to use. I'm tempted to say sod it to working and just get a visitors visa and try and extend it once in the US.

If it were possible to apply with I-130 now and then finish the application from the States so I could work that would be good but from what Nich-Nick says that wouldn't work.

[pushbrk 13,092]

I'm finding this whole thing rather annoying. I only want to be there for 10 months and I have to potentially wait six-ten months to set up a permanent residency I don't at this stage intend to use. I'm tempted to say sod it to working and just get a visitors visa and try and extend it once in the US.

If it were possible to apply with I-130 now and then finish the application from the States so I could work that would be good but from what Nich-Nick says that wouldn't work.

Good luck to you. Following the law is what all of us did. It was annoying. We did what we had to do. You do what you think YOU need to do.

[JonathanL 0]

Good luck to you. Following the law is what all of us did. It was annoying. We did what we had to do. You do what you think YOU need to do.

I know, my problem is trivial compared to those struggling to get spouses full-time into the states. I just need advice on my best course of action.

As I see it the options are:

* somehow get a US company to employ me from the UK (unlikely)

* fill in i-130 and see when I get to America off of it (takes around 6 months)

* get a visitors visa and not work for my time in the US (takes around 3 weeks but will cost more long term from lost earnings)

[Nich-Nick 3,354]

I know, my problem is trivial compared to those struggling to get spouses full-time into the states. I just need advice on my best course of action.

As I see it the options are:

* somehow get a US company to employ me from the UK (unlikely)

* fill in i-130 and see when I get to America off of it (takes around 6 months)

* get a visitors visa and not work for my time in the US (takes around 3 weeks but will cost more long term from lost earnings)

I'd say what you want to do just doesn't fit US immigration laws or visitor visa limitations. Getting an employment visa takes a long time and the paperwork and expense is borne by the employer. Who would put out thousands of bucks for you to work 10 months. Best bet is try to get a visitor's visa and enjoy the holiday. Finding employment that quickly isn't too easy as many immigrants have found out, even with employment authorization.

Have you thought of a student visa? Would have to enroll in school and pay higher tuition. Work on campus is allowed but general work at any job is limited by the visa.

Here's a list of non-immigrant visas. Maybe you can find another angle. http://london.usembassy.gov/nonimmigrant-visas.html

[Antje/Terry 1]

Are you sure DCF takes 6months?I heard it is a lot faster but I dont know anything about Uk.

I dont know how old and experienced you are but maybe a trainee position with a J1 would be the right thing for you.