Help please 🙂, feeling overwhelmed

[Redro 4,611]

42 minutes ago, lvjeremylv said:

2 years, wow. Does anyone else concur?

 

That would be less than ideal....

Immigration to the US works on its own timeline. 

To understand what happens there are 3 stages

FIRST STAGE

USCIS (Filing the I-130)

This can take between 3-15 months before it is approved. There are a 4 or 5 service centers handling I-130 petitions for Immediate Relatives of USCs. You can't choose which service center your petition is processed at and you won't know until maybe 4-5 months after submission (don't believe the first NOA1 you receive). Some members who applied in July 2021 and August 2021 are still waiting for approval. 

 

SECOND STAGE

NVC (I-864 and DS260)

You complete the affidavit of support, show proof of (intent to re-establish domicile). Your partner (the foreign national) uploads their civil documents.

This takes between 2-3 months (the time fluctuates). If NVC doesn't like one of your documents you have to RESUBMIT and wait another 2-3 months. Hiring a lawyer isn't always a way to prevent this as many members will tell you even with lawyers they've received RFE at NVC stage. 

They appear to only flag one document at a time. Some people have to re-submit 2 or 3 times (I'm not exaggerating) and stay at NVC for a year. 

 

THIRD STAGE

EMBASSY

(1-2 months most likely for London)

Your partner goes for their medical and their interview. I believe London has a quick turn around time (maybe a month from DQ to interview). 

This means sometimes you cannot get a medical before the interview and you go into AP (while they wait for the medical results- you should read the UK forum for a better understanding of this stage. 

 

You should AIM for the entire process to take 2 years. It could be a lot quicker (you can look at my timeline for reference). But, either way US Immigration is not FAST, CHEAP or EASY. 

 

You can also hope to try the DCF route as London still seems to process them. But, you might still have to deal with some short term separation. 

 

Good luck. 

If you applied today. I would expect to move August 2024 and be happy if I was able to move sooner. 

 

 

 

Edited August 30, 2022 by ROK2USA

[Redro 4,611]

For reference, 

It is possible to stay together through the entire process:

My story:

 

[lvjeremylv 10]

12 hours ago, Dashinka said:

If you have a job waiting for you, you may have the option to see if the US Consulate will accept the I130 for consular processing.  This used to be termed "Direct Consular Filing", and was very common for USC's living abroad with their foreign spouses, but now consulates only accept the I130s under exceptional circumstances and immediate need for the USC to relocate for work seems to be one of the most common reasons.

 

Good Luck!

I think I'm going to throw a hail Mary and contact the consulate and see what they say. They have an online form I can fill out with inquiries, so I'll give it a shot. Think I should just briefly explain our circumstances, tell them that we're looking to relocate to the US for a job offer that's time-sensitive (which it is) and see if I would be eligible for filing directly with them? I guess the worst that can happen is they say no.

 

Have there been members on this forum that have been successful in the DCF route?

[Redro 4,611]

4 minutes ago, lvjeremylv said:

I think I'm going to throw a hail Mary and contact the consulate and see what they say. They have an online form I can fill out with inquiries, so I'll give it a shot. Think I should just briefly explain our circumstances, tell them that we're looking to relocate to the US for a job offer that's time-sensitive (which it is) and see if I would be eligible for filing directly with them? I guess the worst that can happen is they say no.

 

Have there been members on this forum that have been successful in the DCF route?

London and Frankfurt are the two consulates that routinely allow DCF with job offer.

You can look for recent timelines here:

Be aware short notice means you might still have to deal with some separation. 

Edited August 30, 2022 by ROK2USA

[lvjeremylv 10]

13 minutes ago, ROK2USA said:

London and Frankfurt are the two consulates that routinely allow DCF with job offer.

You can look for recent timelines here:

Be aware short notice means you might still have to deal with some separation. 

Thanks for linking this thread! It's good to know that it's possible, I'll try my hand and see what happens.

 

Question. Once the process is complete and have the visa in hand, how long does the beneficiary have to enter the US? Is it 6 months?

[Redro 4,611]

1 minute ago, lvjeremylv said:

Thanks for linking this thread! It's good to know that it's possible, I'll try my hand and see what happens.

 

Question. Once the process is complete and have the visa in hand, how long does the beneficiary have to enter the US? Is it 6 months?

6 months from the medical. 

[lvjeremylv 10]

Just now, ROK2USA said:

6 months from the medical. 

Excellent. Ok thank you.

 

When contacting the consulate, do you think it would be beneficial to include any kind of a letter or documentation from my prospective employer? I don't have a written job offer but I think if I asked, the manager would be willing to write up something explaining the position, the time sensitivity aspect, etc. Or would that not make a difference one way or the other?

[Dashinka 24,489]

8 minutes ago, lvjeremylv said:

Excellent. Ok thank you.

 

When contacting the consulate, do you think it would be beneficial to include any kind of a letter or documentation from my prospective employer? I don't have a written job offer but I think if I asked, the manager would be willing to write up something explaining the position, the time sensitivity aspect, etc. Or would that not make a difference one way or the other?

Probably good to have a complete plan when contacting the consulate.  A solid job offer /position is a must for them to accept the I130 under exceptional circumstances.  I would also include things like where you plan to live at least short-term, etc.

 

Good Luck!

[lvjeremylv 10]

18 minutes ago, Dashinka said:

Probably good to have a complete plan when contacting the consulate.  A solid job offer /position is a must for them to accept the I130 under exceptional circumstances.  I would also include things like where you plan to live at least short-term, etc.

 

Good Luck!

Yes, thank you. I'll spend the next couple days crafting what I want to say, and see what my prospective employer can do about writing something up, including possibly a formal offer. And yes great idea about mentioning housing plans.

 

Anything else you think I should touch on? I think I saw it mentioned that the form you fill out can be up to 1000 characters, does that sound accurate?

[Dashinka 24,489]

1 hour ago, lvjeremylv said:

Yes, thank you. I'll spend the next couple days crafting what I want to say, and see what my prospective employer can do about writing something up, including possibly a formal offer. And yes great idea about mentioning housing plans.

 

Anything else you think I should touch on? I think I saw it mentioned that the form you fill out can be up to 1000 characters, does that sound accurate?

Here is a thread of members that went through or attempted DCF in London.  It may be helpful, and you may be able to get more specific insight.

 

Good Luck!

 

 

[Redro 4,611]

1 hour ago, lvjeremylv said:

Yes, thank you. I'll spend the next couple days crafting what I want to say, and see what my prospective employer can do about writing something up, including possibly a formal offer. And yes great idea about mentioning housing plans.

 

Anything else you think I should touch on? I think I saw it mentioned that the form you fill out can be up to 1000 characters, does that sound accurate?

Short notice generally means the need to move in a month... sometimes two. Are you ready to move to the US before you obtain your UK citizenship?

Or are you going to wait until things get closer... I wouldn't lie to the consulate about your need to relocate if you are planning on staying in the UK for another 8 months... (12 weeks to approval/6 months until visa expires).

Don't want to guess at your plan... but don't want you to have DCF accepted when you aren't actually ready to move.

I believe if DCF is accepted and you've stated you need to move in 1-2 months they'll probably require proof of paystubs when your spouse goes to interview (after 12 weeks).

Think about what you're doing very carefully.

I would hold off on emailing the embassy unless you are ready to move soon. 

 

[lvjeremylv 10]

41 minutes ago, ROK2USA said:

Short notice generally means the need to move in a month... sometimes two. Are you ready to move to the US before you obtain your UK citizenship?

Or are you going to wait until things get closer... I wouldn't lie to the consulate about your need to relocate if you are planning on staying in the UK for another 8 months... (12 weeks to approval/6 months until visa expires).

Don't want to guess at your plan... but don't want you to have DCF accepted when you aren't actually ready to move.

I believe if DCF is accepted and you've stated you need to move in 1-2 months they'll probably require proof of paystubs when your spouse goes to interview (after 12 weeks).

Think about what you're doing very carefully.

I would hold off on emailing the embassy unless you are ready to move soon. 

 

Thanks for the advice.

 

The more I think about it, the less confident I am that I can get the timing right on everything I need to do over the next year (or more). I still have the ILR and citizenship process here in the UK which will likely run from the end of November until early next summer. I think my best bet at this point, unfortunately, might be to forget the DCF idea because like you say, I'm not going to be ready to move until I actually have my UK citizenship handled. It would be dumb to have spent so much money on visas only to leave without completing the citizenship process.

 

So ok. I'm just going to have to pull back the reins a little bit and temper my expectations.

 

I'm going to shift back to my original idea of just filing the 130 online as soon as we can, and since that's going to take many months anyway, there's no chance of it interfering with my visa/citizenship needs.

 

*Sigh*

 

[Redro 4,611]

4 minutes ago, lvjeremylv said:

Thanks for the advice.

 

The more I think about it, the less confident I am that I can get the timing right on everything I need to do over the next year (or more). I still have the ILR and citizenship process here in the UK which will likely run from the end of November until early next summer. I think my best bet at this point, unfortunately, might be to forget the DCF idea because like you say, I'm not going to be ready to move until I actually have my UK citizenship handled. It would be dumb to have spent so much money on visas only to leave without completing the citizenship process.

 

So ok. I'm just going to have to pull back the reins a little bit and temper my expectations.

 

I'm going to shift back to my original idea of just filing the 130 online as soon as we can, and since that's going to take many months anyway, there's no chance of it interfering with my visa/citizenship needs.

 

*Sigh*

 

Plan for two years... be happy if you get in ONE.

We applied last July and I received my visa this month. 

But, some members applied in July and are still waiting. 

My advice is to apply now. 

If your I-130 is accepted before you are ready you can delay at NVC stage.

 

[SteveInBostonI130 3,434]

4 hours ago, lvjeremylv said:

Excellent. Ok thank you.

 

When contacting the consulate, do you think it would be beneficial to include any kind of a letter or documentation from my prospective employer? I don't have a written job offer but I think if I asked, the manager would be willing to write up something explaining the position, the time sensitivity aspect, etc. Or would that not make a difference one way or the other?

 

Evidence is critical.  Without it, your DCF request will be denied.  A written letter from your employer with expected start date or start date range would be required.

[SalishSea 17,819]

6 hours ago, lvjeremylv said:

2 years, wow. Does anyone else concur?

 

That would be less than ideal....

As you are finding out with the UK immigration processes, US immigration is not fast, cheap or easy.   It requires planning and patience.