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LondonWelsh

Awaiting husband's UK citizenship, can I fly ahead to US without him? Also, when the medical cert runs out do you start all over again?

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Hi all

Sorry for the convoluted Topic Title!

I've had my medical, submitted the application proper, and I'm awaiting a final few tax bits from my husband and FiL so we can complete the affidavits of support and I can get my interview so we can move to the US.

My husband has ILR in the UK (where he has lived for 10yrs) but is applying for citizenship here so we can come back if need be in the future. However, we didn't realise until quite late on that we would need more then ILR nor did we anticipate how long it would take, and there's a chance it wouldn't come through before the medical aspect of my visa expires.

If he has to stay behind for a short time, could I go on ahead to the US assuming my Visa has come through OK? I'd be travelling with my son who is already a citizen. Or does he literally have to be on the same flight as us?

Worst case scenario, his UK citizenship takes too long and I can't go ahead without him, when the 6mo on my medical runs out, do you have to start the visa process all over again or "just" re-do the medical?

Huge thanks in advance for any help with this, especially with the UK situation being what it is from today (and the fact we are currently homeless and staying with friends here, sigh it's hard not to feel anxious at the moment!

LW x

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Filed: Citizen (apr) Country: Greece
Timeline

You have to fly with your petitioner (husband) at the time of entering the US at POE or AFTER him (i.e. he is already in the US). Your son is not the petitioner ao he doesn't count.

You can discuss it with the Embassy there *may* be an extension granted. Ask them for details.

Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).

March 28th 2019 - Biometrics

August 8th 2019 - Case Approved No RFE No Interview - 10 year GC in production

N400 (Online - Detroit, MI office)
June 6th 2023 - Applied for naturalization under 5 year rule.
June 7th 2023 - Application received/Biometric will be reused.
June 16th - Interview scheduled.
July 27th - Upcoming interview.



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


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event.png
 
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Filed: Citizen (apr) Country: Ireland
Timeline

Your husband has to be domiciled in the USA before or at the same time as you. That doesn't mean he cannot return to the UK to tie up loose ends, but yes, he would need to travel before or with you.

When your medical runs out, you don't have to start over, just do the medical again (assuming you haven;t had the interview yet; it gets more complicated if you do).

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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I'd add that your husband doesn't need to be in the UK while his citizenship application is being considered.

Normally the biometrics request comes relatively early, once he's submitted them he is free to do whatever he wants.

But will have to return for the ceremony.

If you haven't already submitted his citizenship application, please do the new JCAP (joint citizenship and passport application?) as I believe that means there is no passport interview and you get the passport shortly after the citizenship ceremony.

Otherwise after the ceremony he might need to remain in the UK for 3 weeks or so until he gets his passport due to the interview requirement.

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I can add that your visa will be issued to expire six months from the medical date, but if the medical expires before you set up your interview, you will have to re-do only a portion of the medical. It's the TB clearance that expires. You don't have to do the blood tests or body checking over. Knightsbridge have a price for the re-do less than the full price you already paid.

So best to hold off making the interview appointment until you know you're ready to get the visa issued and travel.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Thank you so much for all the replies! I'll get my head around it all properly in the morning I hope... very much appreciated!

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  • 1 month later...

In case it's useful to others, I just spoke to the Knightsbridge Doctors and they said if you don't fly before the 6 months expire, you have to retake every aspect of the medical again. Maybe this is a new thing? But that's what I was informed today :(

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In case it's useful to others, I just spoke to the Knightsbridge Doctors and they said if you don't fly before the 6 months expire, you have to retake every aspect of the medical again. Maybe this is a new thing? But that's what I was informed today :(

Yep. That's right. It changed last year (2015). Forgot that.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I'm just glad I can actually provide some information that may be of use for once instead of just asking questions!

By the time I get through this thing I too will be an oracle and can do more answering ;)

Yep. That's right. It changed last year (2015). Forgot that.

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