Visiting Visa While IR1-CR1 Is Pending

[Stuwoolf 44]

1 hour ago, Roper-Harrison said:

No impact whatsoever. You can only use one visa at a time but until a new one is issued as a result of your ongoing process you only have one. You can ignore the background I-130 process and proceed as you would ordinarily. Tip: Do not mention the I-130 process to any CBP personnel. You're not breaking the law in any manner but the info muddies the water for no reason and will serve no purpose other than to have you standing at the border crossing longer than you need to.

Thank you for your quick response. Much appreciated.

 

Your advice is most welcome.

 

Thank you.

[Boiler 45,553]

4 hours ago, Stuwoolf said:

Hi. Thank you for allowing me to join your community. Resources like this are a great help when it comes to pacifying the nerves of would be travellers and/or immigrants.

 

My situation and question is as follows:

 

My partner will be coming to UK soon and we will be married in Scotland. She is a US citizen and we already have a UK Fiance Visa in place so no immediate issues on this point.

Once we are married in UK we intend to apply for FLR(M) for her to be granted leave to remain in Scotland. Around the same time and on the advice of my future father in law (the parents of my future wife are US immigrant from Panama some 55+ years ago) we intend to submit my US I-130 papers.

Once the I-130 process is started, what, if any, impact will there be on my US ESTA which is valid until June 2018? Does my ESTA become invalid? In the event of impact I am of the mind to visit in the coming days and weeks for a few days.

 

Grateful for some guidance.

 

Thank you

You will be doing DCF?

 

When are you looking to move to the US.

[Stuwoolf 44]

1 hour ago, Boiler said:

You will be doing DCF?

 

When are you looking to move to the US.

Thanks for your reply.

 

Please excuse my ignorrance but dont know what DCF is.

[Boiler 45,553]

2 minutes ago, Stuwoolf said:

Thanks for your reply.

 

Please excuse my ignorance but don't know what DCF is.

Direct Consular Filing

[Stuwoolf 44]

Just now, Boiler said:

Direct Consular Filing

Just did a search.

 

Yes, it would be the process. We would use the Embassy in London. I think that is the only US Govt option in UK?

 

Looking at this link it seems my spouse would need to reside in Scotland for at least 6 months?

http://www.visajourney.com/content/dcf

[Boiler 45,553]

Not sure that is currently correct but still quicker, when are you looking to move?

[Jorge V 195]

11 minutes ago, Stuwoolf said:

Just did a search.

 

Yes, it would be the process. We would use the Embassy in London. I think that is the only US Govt option in UK?

 

Looking at this link it seems my spouse would need to reside in Scotland for at least 6 months?

http://www.visajourney.com/content/dcf

The general requirement is indeed that the US citizen reside in the DCF country for at least 6 months. The USC must also have a valid residence permit for that time, meaning that residing there on a tourist visa will not count.

 

However, these are only guidelines and each office is allowed to adjust them as they see fit. Mexico has very lax rules and I was able to DCF while not having my residence card. I've read that Guatemala has basically zero residency requirements. I've also read that the UK office is only requiring that the USC has the ability to reside in the UK, but are not enforcing the 6 month requirement. Not sure how UK residence works, but your spouse may qualify by simply being married to you. The best thing to do is call the London USCIS office and ask. Also, check out the DCF forum here on VJ and others may be able to help.

[Stuwoolf 44]

2 minutes ago, Boiler said:

Not sure that is currently correct but still quicker, when are you looking to move?

Hope to begin the US process in the next 6 weeks.

 

Right now my partner is sorting out her domestics in NJ and we hope to be married by early October.

 

Following our marriage we will submit UK papers for Further Leave to Remain based on marriage FLR(M). We hope to get that processed on the day (it costs $600 but we reckon its worth it) The approval papers for this should be with us in a week.

 

Around about the same time as the FLR(M) submission we would look at submitting the US Papers.

 

Thats the plan.......but as Rabbie Burns once said "The best laid plans......etc"

[Boiler 45,553]

OP mentioned they were going for FLR

[Boiler 45,553]

Seems an odd way to go about things when the plan is to move to the US.

[Stuwoolf 44]

54 minutes ago, Boiler said:

Seems an odd way to go about things when the plan is to move to the US.

Looking to cover all the angles. Advice from my future father in law (as mentioned previously, an immigrant from Panama) is to get papers sorted out asap. In his view its better to get things moving. With family in the UK and US we want to have options. Also, without FLR my partner is unable to work whilst in UK.

 

We both have elderly parents (both my wife to be and myself are very near 60 yrs). Also we would like to have an option to live in US and/or UK for short periods of time should the need arise. Securing employment in US should not be a problem.

 

Maybe there is a different means to achieve what we are trying to do and have the flexibility we seek?

Edited September 2, 2017 by Stuwoolf
added a wee bit

[Boiler 45,553]

26 minutes ago, Stuwoolf said:

Looking to cover all the angles. Advice from my future father in law (as mentioned previously, an immigrant from Panama) is to get papers sorted out asap. In his view its better to get things moving. With family in the UK and US we want to have options. Also, without FLR my partner is unable to work whilst in UK.

 

We both have elderly parents (both my wife to be and myself are very near 60 yrs). Also we would like to have an option to live in US and/or UK for short periods of time should the need arise. Securing employment in US should not be a problem.

 

Maybe there is a different means to achieve what we are trying to do and have the flexibility we seek?

Not quite how it works, filing the I 130 leads to a US Immigrant Visa, you live in the US.

[Stuwoolf 44]

1 hour ago, Boiler said:

Not quite how it works, filing the I 130 leads to a US Immigrant Visa, you live in the US.

Thank you.

 

With a US Immigration visa (I-130 path) being issued, when must the immigration actually take place? Is it lifed ie has a validity of 6 months from date of issue to complete immigration?

Edited September 2, 2017 by Stuwoolf

[Boiler 45,553]

1 minute ago, Stuwoolf said:

Thank you.

 

With a US Immigration visa (I-130 path) being issued, when must the immigration actually take place? Is it lifed ie has a validity of 6 months from date of issue to complete immigration?

Correct

[Stuwoolf 44]

6 minutes ago, Boiler said:

Correct

Thank you.

 

With a 6 months window that will be perfect....gives my wife to be some time to experience the wet cold and damp Scottish weather. She will soon realise that warmer climes are better for her Panamanian blood lol.

 

On that note, once a US Visa is issued would I/we be free to travel and live anywhere in the US? That is, would we be permitted to move from say New Jersey (her family live there) and live in Florida?

Edited September 2, 2017 by Stuwoolf