Having a baby mid visa processing

[richakn 0]

Hi,

My wife and I are considering relocating back to the US (I'm UK citizen, she US). We wondered a couple of things

1) What are the current processing times (approximately) for spouse visa for entry into the US?

2) We are considering starting a family soon - what happens if I get my visa approved and then we have a baby before we enter the US, would this cause us an issue as my visa would expire in 6 months and we would need to start the process all over again for our child?

any help would be appreciated

[Penguin_ie 5,995]

1. 8-10 months, may be faster via DCF (direct consular filing, if your US citizen wife has lived in the UK longer than 6 months).

2. If your wife has been a US citizen all her life and spent more than 5 years in the USA, 2 of which after age 14, the baby will be entitled to US citizenship, no visa needed.

[Harpa Timsah 13,258]

If your wife passes the residency requirements, you can file for a spousal visa directly with the embassy (well, it's the USCIS office in London, attached to the embassy from what I understand). This process, called DCF (Direct consular filing) is extremely fast - it might take a month or two.

Any future baby you'd have would be eligible for US Citizenship through its USC parent (provided the parent lived in the US for 5 years, at least 2 after the age of 14). You'd file a Consular Report of Birth Abroad and get the baby a US passport.

[richakn 0]

Excellent.

My wife has been in the UK for nearly 3 years and has Indefinite Right to Remain - I assume this means we can apply via the DCF process? She lived in the US for the first 27 years of her life..........

On a side note, does she lose the Indefinite Right to Remain if she's out of the UK for a period of time?

Thanks again

[Ryan H 3,819]

My wife has been in the UK for nearly 3 years and has Indefinite Right to Remain - I assume this means we can apply via the DCF process?

Your wife would file a petition, check with the USCIS Field Office in London to find out for sure of her eligibility to file a petition there (it appears she will be able to). Only after the petition is approved will you be able to apply for a visa.

[Nich-Nick 3,354]

This process, called DCF (Direct consular filing) is extremely fast - it might take a month or two.

It's taking around 6 months in London right now, although their website says to allow 10 months.

My wife has been in the UK for nearly 3 years and has Indefinite Right to Remain - I assume this means we can apply via the DCF process? She lived in the US for the first 27 years of her life..........

She is eligible with her ILR to petition through London. Here's the London instructions. http://london.usembassy.gov/dhs/uscis/i130filing.html