Confused...

[UKHusband 1]

Hi Guys,

Hoping you can advise, as am struggling to find clear instructions.

Quick outline - English husband (me), US wife, married in America 6 years ago but have lived in England since. Wife has English indefinite leave to remain.

We are now looking to head back to the US asap. We have financial sponsorship all in place.

What forms do I actually need/is it best to fill in?

I had read that we submit I-130 and I-129f, but I'm now not sure if that's the quickest route? And if it is do we submit both to the London embassy at the same time?

Or do we submit the I-130, then when it is notified as being received then submit the I-129f? I believe this used to be the K3 route?

Thanks!

[lost_at_sea 995]

If you're both living in the UK, you should file DCF (Direct Consular Filing). Filing I-130 for IR-1 visa via DCF in London is the fastest way to enable you to move back together (see my timeline for a recent example).

This is London's info on doing just that:

http://london.usembassy.gov/dhs/uscis/i130filing.html

The only point you may get stuck on is proving your US domicile, but I'm unclear from your post what your financial circumstances are.

The I-129f is for not yet married couples to file for the K1 fiance(e) visa, or for K3 which is meant to allow those with spouse visas pending to move more quickly. The K3 is considered defunct though, as it takes as long, if not longer, to get approval than the spouse visa. You would not need to even consider the K3 if you do DCF, however. The K3 was useful for people filing who were not in a country that allowed DCF, where their time to get the visa was more like a year+. DCF should should be done in 3 - 5 months.

Here's a little general info on DCF: http://www.visajourney.com/content/dcf

When London send back the receipt for your I-130, the letter says not to bother with the K3 because you'll get the actual visa before the K3 could possibly be approved.

Edited July 8, 2013 by lost_at_sea

[UKHusband 1]

Thanks! That's incredibly helpful!

We have Affidavits of Financial support from my wife's parents which declare they will support us financially and with accommodation until we sort employment in the USA.

Am I right in saying that we don't send that sort of information with the I-130 though (the support affidavits, letters from family members, banks statements etc)?

Is that a part of the process further down the line? We have been gathering that info now and it seems we may have wasted some time when the process could have been underway?

It seems we simply send the I-130, two G-325A biographic information forms, the fee payment, passport copies (including wife's ILR) and our marriage certificate?

Really appreciate the assistance - great to talk to someone who actually knows the procedure!

[lost_at_sea 995]

Thanks! That's incredibly helpful!

We have Affidavits of Financial support from my wife's parents which declare they will support us financially and with accommodation until we sort employment in the USA.

Am I right in saying that we don't send that sort of information with the I-130 though (the support affidavits, letters from family members, banks statements etc)?

Is that a part of the process further down the line? We have been gathering that info now and it seems we may have wasted some time when the process could have been underway?

It seems we simply send the I-130, two G-325A biographic information forms, the fee payment, passport copies (including wife's ILR) and our marriage certificate?

Really appreciate the assistance - great to talk to someone who actually knows the procedure!

Okay, all the questions... I'll do my best...

1. Right. You don't send that info with the I-130. That information goes to the interview instead, in person. You should have your wife's parents provide you with their tax transcripts for that stage to go with the I-864 affidavit of support.

2. It is further down the line, but in DCF terms it's not that far away - your I-130 should get approved in about 1 calendar month, so it's worth getting all that stuff straight now. For people who can't do DCF that wait is usually more like 7 - 9 months, so it might be a bit early for them.

3. Yeah. It's a really small amount of paperwork you send! No "relationship evidence" or anything. Check the pdf with the checklist (on that website I posted above) - there's a few other things in it - a self-addressed envelope, US passport sized photos attached to the G325s, e-notification form, and they like you to actually include the checklist in the package with everything you've sent ticked off and in the correct order.

Edited July 8, 2013 by lost_at_sea

[UKHusband 1]

Brilliant, thanks.

We actually have all the info required as I (mistakenly) thought we needed it now! So we're probably ahead of the game a bit (aka well prepared lol).

[lost_at_sea 995]

Brilliant, thanks.

We actually have all the info required as I (mistakenly) thought we needed it now! So we're probably ahead of the game a bit (aka well prepared lol).

That's great, though! Better to be over-prepared than under. As you can see on the website:

As of July 5, 2013, we are processing petitions filed on June 18, 2013.

So if you get yours in this week, you should have an approval really soon and you'll need all that information.

Edited July 8, 2013 by lost_at_sea

[UKHusband 1]

We will be submitting tomorrow! Just missing a couple of bits to do it today (need to scan the wife's ILR from her passport).

Is it okay/advisable to send via special delivery?

Really appreciate the assistance - feel like I've broken through the clouds and into the clear, blue sky as far as the process goes! They really do a terrible job of telling you what you need to know, and there's conflicting advice all over the official channels. Huge relief that you are actually ahead of me in the process and somehow figured it out on your own!

Good luck with your upcoming interview!

[lost_at_sea 995]

We will be submitting tomorrow! Just missing a couple of bits to do it today (need to scan the wife's ILR from her passport).

Is it okay/advisable to send via special delivery?

Really appreciate the assistance - feel like I've broken through the clouds and into the clear, blue sky as far as the process goes! They really do a terrible job of telling you what you need to know, and there's conflicting advice all over the official channels. Huge relief that you are actually ahead of me in the process and somehow figured it out on your own!

Good luck with your upcoming interview!

Yeah, send it special delivery. It'll give you peace of mind that it got there. We sent ours next-day delivery, signed-for, guaranteed by 1pm service via royal mail.

We mailed to:

USCIS Field Office

Embassy of the United States of America (DHS / USCIS)

Post Office Box 2444

London W1K 5WT

But there's two addresses on the website, and I don't think it makes a whole heap of difference which you use.

Don't expect an email receipt from them straight away - it took them 7 days to send us our NOA1 email (the receipt date you start counting from until approval).

{p.s. thank you for the 'good luck'. happy to help!)

Edited July 8, 2013 by lost_at_sea

[NikLR 13,227]

*** moved to DCF from IR1/CR1 process and procedures ***

[UKHusband 1]

Have sent my I-130 to the London Embassy via next day delivery! Exciting!

Also started a timeline on here - hoping I filled it in correctly...

[lost_at_sea 995]

Have sent my I-130 to the London Embassy via next day delivery! Exciting!

Also started a timeline on here - hoping I filled it in correctly...

Yay! Super exciting.

Yep, your timeline looks right so far. I'm following you.

[mindthegap 2,590]

DCF is generally pretty fast.

The only annoying bits are the wait for the case number, and then the wait for the interview - those two bits you have absolutely no control over and minimal points of contact. It seems to be pot luck whether they ask you for relationship evidence/affadavits etc at the I-130 stage...some get asked, some don't. If you dont get asked for it at that stage, you wont be asked for it at all.

I would suggest that you send off for your police certificate now - it is valid for 12 months.

Oh- and send EVERYTHING to do with this entire process via special delivery/UPS/FedEx....make sure it is trackable.

[UKHusband 1]

Already have my police certificate due to thinking I needed everything at this stage! Also getting my vaccination record on Friday to get that up to date if necessary....

What is the next stage and what will I need/be asked to do at that point?

Really hoping this goes as smoothly/quickly as lost_at_sea's seems to have done - we should be a straightforward case for them I imagine/hope!

[lost_at_sea 995]

Already have my police certificate due to thinking I needed everything at this stage! Also getting my vaccination record on Friday to get that up to date if necessary....

What is the next stage and what will I need/be asked to do at that point?

Really hoping this goes as smoothly/quickly as lost_at_sea's seems to have done - we should be a straightforward case for them I imagine/hope!

You should get a receipt in a week (NOA1), then hopefully an approval 3 - 4 weeks later (NOA2).

Another week or two after that, you should get what we call on VJ 'Packet 3" which is basically just a letter that contains 2 things - your LND number (your case code, starting LND followed by some numbers) and a link to a website with instructions on actually applying for the visa:

http://london.usembassy.gov/ds2001.html

With the LND number and police cert, you book a medical. You can sometimes get the LND before the letter arrives by calling after you know you've been approved. You'll need a medical before you can get an interview.

On the website, you'll see the forms you'll need to complete for the next part and a link to a list of required docs for interview.

While you're waiting for approval, you can make sure you have everything on the required documents list, so you can return all the forms ASAP after you get Packet 3.

Does that help?

[UKHusband 1]

Helps tremendously, thanks! Really appreciate your assistance - you really are incredibly helpful, everyone should know about this forum.

As I am bored at work I have just completed the DS-230 as well lol and stuck it away for safe keeping until it's needed, so nothing else to do now but wait. Am usually pretty patient, but I can see this being an exception.

My I-130 tracked package has arrived at the embassy this morning! Must setup one of those timeline signatures like you have - handy for keeping track...