Absolutely ZERO clue what I'm supposed to do!

[Britishwife 0]

I'm a British citizen, my husband is a US citizen and veteran. We met whilst he was stationed in the UK (classic I know) we have since been living together and married for the last 6 years outside the United States.

He has been offered a job back in the United States and so we need to know what steps we need to take in order to get me a visa that would allow me to work.

The immigration website is extremely confusing, myself and my husband have never had to do this before so have no clue what steps to take. To get an appointment at the embassy is taking a lifetime so I'm turning to you guys for help!

 

Thanks in advance!

[Unlockable 7,314]

Spousal visa.

 

Since you are in the UK you should look into DCF (direct consulor filing).

 

Guides ---> http://www.visajourney.com/content/guides/

 

[Britishwife 0]

That would not be applicable as my husband is going to be taking the job and then I will have to follow later. DCF requires the petitioner to reside in the country where is it filed. Unless I'm reading that wrong? 

[Unlockable 7,314]

Then I'm not sure what you are asking.

 

If DCF does not work for you because he has to come to the US right away then there is only the spousal visa left, which takes 12 - 14 months. DCF can be done in as little as a few months.  There is NO instant visas. All visas require some kind of wait.

 

If you are looking for a way to not be separated from your husband as much as possible, you can apply for the spousal visa and use a visitor visa or ESTA to visit your husband during the time it takes to process, but you won't be able to live in the US and you definitely won't be able to work like you said you want to.

[mindthegap 2,590]

8 hours ago, Britishwife said:

That would not be applicable as my husband is going to be taking the job and then I will have to follow later. DCF requires the petitioner to reside in the country where is it filed. Unless I'm reading that wrong? 

Where do you both reside now?

 

Assuming you live in the UK and he is not living there on a tourist visa, DCF via London is incredibly quick - like 3 or 4 months. 

There is no quicker option, and it is all done in the UK - nothing is sent to/from the US.

 

Via DCF, you will obtain an IR-1 immigrant visa, which is then turned into a permanent resident card upon arrival in the US. You will be able to work immediately upon arrival and your permanent resident card would appear in the mail after a few weeks. You are then eligible for citizenship three years after that.

When filing DCF, he does not have to remain in the UK for the entire period after I-130, and he does not have to attend your interview, so he can go ahead of you to the US to establish his job etc.

 

 

Broadly, the steps for an IR-1 via DCF are:

 

I-130 (filed by USC)

DS-260 (filed by you)

Police certificate (for you)

Medical (for you)

I-864 provided and signed by USC with evidence (which would include such things as a job offer, and the past three years US tax returns)

Interview

Passport with visa arrives via DX courier. The visa is valid for six months from the date of the medical.

 

 

 

Edited January 15, 2018 by mindthegap

[Jorge V 195]

If using DCF he only needs to reside in the UK at the time of submitting the I-130. You would need to get everything together and submit the I-130. He could then leave the UK the next day. You would remain in the UK for 3-4 months while your petition is processed. After your interview and approval you could then travel to the US and receive your permanent resident card.

 

The process for non-DCF is very similar, but you would need to stay behind for 12-14 months after submitting the I-130. I would strongly suggest going the DCF route. It should only take you a few days to get everything you need and submit the petition.

Edited January 16, 2018 by Jorge V

[NikLR 13,227]

Do DCF.  He doesnt have to reside in the UK the entire time he just needs to reside in the last 6 months before filing the petition. 

Take advantage of the fact you get to wait months vs over a year.  

[mindthegap 2,590]

11 hours ago, NikLR said:

Do DCF.  He doesnt have to reside in the UK the entire time he just needs to reside in the last 6 months before filing the petition. 

Take advantage of the fact you get to wait months vs over a year.  

(my bolding)

not true for London - no minimum residence period, just has to be anything other than a tourist visa

[Boiler 45,558]

Sounds like he may be resident in the UK but the OP does not specifically say.

[NikLR 13,227]

1 hour ago, mindthegap said:

(my bolding)

not true for London - no minimum residence period, just has to be anything other than a tourist visa

Interesting.  Generally there is a residency requirement.