Can we move to the US while we wait on approval?

[mayb 1]

First let me say I hope this is in the right forum! My husband and I are living with his parents and the living situation is deteriorating quickly and we don't have many options of where to go while we wait for the approval. We received our NOA1 June 10 but looks like we could be waiting well into next year just for the NOA2.

My question is, is it possible to move to the US and have my husband wait there? I understand he wouldn't be able to work but our living options and my job prospects are much better there and it just makes sense to go back as soon as possible.

Any advice is greatly appreciated!

[Blueberry Pancake 311]

Unfortunately, no...

He can visit though.

[apple21 953]

You move to the US. He stays in the UK.

[lost_at_sea 995]

He can come and visit you for as long as the VWP allows (assuming he has that). He won't be able to live in the USA until he has an appropriate visa allowing him entry to do so.

If it was that easy - everyone would go to the USA to await their visa.

How long have you been living in the UK and on what visa? I'm curious as to why you're not doing DCF.

Edited September 19, 2013 by lost_at_sea

[britishdakota 18]

He can visit but since he will likely need to show ties to the UK, therefore he should not quit his job and give up residence etc.

I wish we had gone for DCF would have been much faster in the long run.

[mayb 1]

He can come and visit you for as long as the VWP allows (assuming he has that). He won't be able to live in the USA until he has an appropriate visa allowing him entry to do so.

If it was that easy - everyone would go to the USA to await their visa.

How long have you been living in the UK and on what visa? I'm curious as to why you're not doing DCF.

I've been living here for almost 2 years on a 2 year spousal visa (not sure the exact name for it). I have the option to apply for a long term visa here and then eventually citizenship but we both realize we would rather build up a life in the US.

We didn't do DCF because I didn't do my research and didn't find this place until much later!

I'm so homesick but at this point I think I would rather be with my husband than not so the bad news is we will just have to ride this out and the good news is we are together and can both work at least until the end of January.

[mayb 1]

Just revisitnig this post as I'm still unclear why we can't apply for a K-3 visa which seems like it's purpose is to allow your spouse to wait with you in the US during the process?

[Blueberry Pancake 311]

Just revisitnig this post as I'm still unclear why we can't apply for a K-3 visa which seems like it's purpose is to allow your spouse to wait with you in the US during the process?

Incorrect. K-3 is intended to shorten the physical separation between spouses.

[LoveMyTico 999]

You can apply for the K-3.. but you still have to wait for that to be processed. Once that is approved you go to the interview and then your spouse can enter the US and adjust status. Applying doesn't mean you get to travel while waiting. If the K-3 gets approved first, you can go that route. If they combine them and they get processed at the same time, they will close the K-3 and you will be going down the I-130 path. Once that is approved, it gets sent to NVC for processing and then to the embassy for your interview. then your spouse enters and a greencard gets mailed automatically... no need to adjust status..

Read the guides above for the K-3 process. it explains the difference in more detail

[*Snowdrop* 604]

The K3 used to make sense when the spousal visas were taking 2-3 years to complete. In those cases - the K3 still took several months but it allowed the family to unite more quickly that waiting for the CR1 - there were still several months to wait.

Once the processing the the CR1 caught up with the K3 processing, the K3 became less useful for most applicants.

Of course if processing times seriously slow down again then they may come back into fashion.

[aaron2020 11,651]

Just revisitnig this post as I'm still unclear why we can't apply for a K-3 visa which seems like it's purpose is to allow your spouse to wait with you in the US during the process?

You can apply for the K-3. However, it doesn't make sense because it still has to be processed. Nothing is instantaneous.

Here are your two options.

Option 1: I-130. 6-12 months to get a spousal immigration visa. Upon entry, automatic green card which allows the immigrant to work and live in the US.

Option 2: K-3. 6-12 months to get a K-3 non-immigrant visa. Upon entry, the immigrant must file an I-130 and I-485 to adjust status. For 2-3 months, the immigrant can not work until he gets a EAD.

The reason that the K-3 exists is that at one time, it took a lot longer to process the spousal immigrant visa (several years). Since that is no longer the case, the K-3 has effectively become less attractive.

[Happytobe 164]

I guess I am ignorant to the DCF option as it is not available in Morocco, but.... wouldn't it make sense to file by DCF and withdraw the petition that was sent in June? Sure it's a loss on the filing fee, but it would be much faster...

[Harpa Timsah 13,258]

K-3 is virtually unobtainable, anyway. The description of the visa is not really accurate, either.

[LoveMyTico 999]

There are so many different opinions flying around.... Do what you feel is right. The K-3 still exists.

My attorney advised me to file the K-3 (sent by fed-ex yesterday) because they have extended the I-130 processing times. He believes the K-3 is a good choice. And no, it didn't cost me one extra penny to file. The lawyer was paid a flat fee. He's not making anything extra

[aaron2020 11,651]

I guess I am ignorant to the DCF option as it is not available in Morocco, but.... wouldn't it make sense to file by DCF and withdraw the petition that was sent in June? Sure it's a loss on the filing fee, but it would be much faster...

No it would not be much faster.

They have already invested 4 months in the process.

Refilling would put them back at the end of the line.