Do we have to sell up before?

[djsmersh 0]

Hi all,

This is my first post/question on VJ and I'm hoping that I've done it right.

Our story starts back in 2000. I live in England and met a nice lady (from Seattle) on a 1-2-1 chat site. Eventually she came over from Washington State in September 2001 and we were married (in England) the following year. She has remained here since, with a green card, and decided not to have dual citizenship.

Recently there have been some family issues in the States and my wife wants to return home to give on-going support (taking me with her). I realize that we have to fill out an i-130 form etc but the problem we have (and we can't find an answer on the net) is:- If I'm approved to live in the States how long do we have to move from England to the States? (I'm guessing that the approval has an expiry date)? The problem is that we have a mortgaged house and I'm unwilling to sell in case they refuse me and therefore we'd be homeless (it is the only security we have and I'm too old to get another mortgage). Can anyone help? Do I have to sell and pray or will they give enough time if accepted?

Any help will be greatly accepted.

Thanks.

[Ontarkie 14,227]

Welcome to VJ!

You do not have to sell before you get your visa, and you should be able to finish the sale from the US if time starts to get close to the visa expiry. It's usually 6 months from the medical that the visa expires. As your wife is living in England with you you should check to see about DCF. Here's the link http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

Good Luck!

[Nich-Nick 3,354]

Here's a detailed UK/ London specific walk-through for Direct Consular Filing which will save you months of time. Read to the end of the thread because a few changes to forms are added later.

http://www.visajourney.com/forums/topic/443127-dcf-london-i-130-for-ir1cr1-spouse-guide/

Your visa will be issued to expire 6 months from your medical, so maybe 5 months from your interview when you will know you are approved. If all is well, the visa will arrive in a week. Then you can list the house. With a very good reason, London can extend it. They say that on their FAQ page. That would be an excellent question to ask at the conclusion of your interview...what if I don't sell my house? Is that a reason London would consider a visa extension? They do charge a new visa fee for a re-do.

Edited December 7, 2013 by Nich-Nick

[Harpa Timsah 13,258]

As long as you have a real marriage (I see you do) and you are not a criminal and never abused a US visa privilege, you will be approved, btw.

I wouldn't sign the formal papers for the house before the visa is in your hand obviously, but you could put it on the market a bit before your visa is approved. Expect approval.

[razspaz13 30]

g'day we are in a similar situation, have been married since 2000 and both live in Australia. I will not under any circumstances leave my husband of 13 yrs.

I understand you would not want to sell ahead of time. Also, the stress of selling a home alone is a huge thing, add moving overseas, well breathe in breathe out!!

as we believe that most homes do not sell overnight, perhaps consider putting it on the market a month or two before? I am not sure how long you can do a settlement in England, maybe the buyers of your home may do a 2 or 3 month contract if you were to sell sooner than expected. We would never want to deal with all the house selling from overseas or settlement, (that is just us) and also will be wanting the funds from the sale of our home to go with us. Do you have any idea how long homes are on the market in your area?

will take your exchange rate over ours mate!! c'mon aussie dollar rise next year ha ha