Dual Citizen & British Spouse - Brand New to Process, Needing Advice

[bmorgz 2]

Hi there! I am a UK/USA dual citizen (by birth) and I am looking to move my British husband to the US, as soon as possible. We got married in February of this year and both live in the UK. We have no dependents (except our dog) so it's just us. I would love to have somebody to talk to who has done it this way around. From scouting all the websites and talking to as many people as I can, this is a simplified list of the process I want to take. I'm looking for feedback from anybody to let me know whether or not this is simply in the right order and the best way to go about getting my husband to the US. 

 

1. File I-130

2.  File DS-260

3. Apply for CR1

 

Obviously for each of these, there are many steps in getting the right documents etc. together which I have made separate lists for. I also wonder if in-between steps 2 and 3 we could apply for my husband to go to the US on a visitor visa while we await CR1. Is this too risky? I'm also not confident in where I need to file these, if it is online or with the embassy.

 

We have decided to file everything ourselves to save money, but when I had a free consultation from a solicitor (who quoted me £8000) she said it would be faster to go down the route of applying under exceptional circumstances, for which I would need to prove that I had a job offer in the US that I needed to fulfil within 3 months. I am confident that I can get a job in my home state, so it's not out of the question to go down this route. But could it potentially not work out / not be worth the cost and just separate my husband and I for longer?  The other thing is that when applying under exceptional circumstances, you must go through the embassy, and I am finding it almost impossible to contact them. I really could use some guidance. 

 

Please let me know if anybody has any advice or similar experience?

 

Many thanks, 

 

Brett

[Crazy Cat 41,899]

Best route would be the DCF (Direct Consular Filing) with a job offer if the consulate will accept it.  If not, these are the steps:

 

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

[Chancy 6,241]

1 hour ago, bmorgz said:

I also wonder if in-between steps 2 and 3 we could apply for my husband to go to the US on a visitor visa while we await CR1. Is this too risky?

 

I would not recommend applying for a visitor visa for someone who may qualify for ESTA under VWP.  Have your husband apply for ESTA to visit the US.  He may travel for visits during the CR1 process, but he must not stay beyond the allowed duration (90 days on ESTA).  Check this thread for reports from other VJ members who visited during the process -- https://www.visajourney.com/forums/topic/744770-travelling-on-tourist-visa-whilst-waiting-for-i-130/

 

As for DCF with exceptional circumstances, check this thread for recent experiences about the DCF process via the consulate in London -- https://www.visajourney.com/forums/topic/762871-dcf-cr-1-london-i-130-to-emailletter-of-approval-case-number/

 

Edited August 31, 2022 by Chancy

[SalishSea 17,842]

6 hours ago, bmorgz said:

Hi there! I am a UK/USA dual citizen (by birth) and I am looking to move my British husband to the US, as soon as possible. We got married in February of this year and both live in the UK. We have no dependents (except our dog) so it's just us. I would love to have somebody to talk to who has done it this way around. From scouting all the websites and talking to as many people as I can, this is a simplified list of the process I want to take. I'm looking for feedback from anybody to let me know whether or not this is simply in the right order and the best way to go about getting my husband to the US. 

 

1. File I-130

2.  File DS-260

3. Apply for CR1

 

Obviously for each of these, there are many steps in getting the right documents etc. together which I have made separate lists for. I also wonder if in-between steps 2 and 3 we could apply for my husband to go to the US on a visitor visa while we await CR1. Is this too risky? I'm also not confident in where I need to file these, if it is online or with the embassy.

 

We have decided to file everything ourselves to save money, but when I had a free consultation from a solicitor (who quoted me £8000) she said it would be faster to go down the route of applying under exceptional circumstances, for which I would need to prove that I had a job offer in the US that I needed to fulfil within 3 months. I am confident that I can get a job in my home state, so it's not out of the question to go down this route. But could it potentially not work out / not be worth the cost and just separate my husband and I for longer?  The other thing is that when applying under exceptional circumstances, you must go through the embassy, and I am finding it almost impossible to contact them. I really could use some guidance. 

 

Please let me know if anybody has any advice or similar experience?

 

Many thanks, 

 

Brett

There is no ‘asap’ when it comes to US immigration.   Prepare for it to take up to two years.

 

Also you should read up on whether you’re eligible to sponsor him, or if you’ll need a joint sponsor.

Edited August 31, 2022 by Jorgedig

[bmorgz 2]

17 hours ago, Jorgedig said:

There is no ‘asap’ when it comes to US immigration.   Prepare for it to take up to two years.

 

Also you should read up on whether you’re eligible to sponsor him, or if you’ll need a joint sponsor.

By ASAP I literally just mean as soon as possible. If ASAP is two years, it's two years. But whatever the ideal shortest amount of time is. I am eligible to sponsor him. 

21 hours ago, Chancy said:

 

I would not recommend applying for a visitor visa for someone who may qualify for ESTA under VWP.  Have your husband apply for ESTA to visit the US.  He may travel for visits during the CR1 process, but he must not stay beyond the allowed duration (90 days on ESTA).  Check this thread for reports from other VJ members who visited during the process -- https://www.visajourney.com/forums/topic/744770-travelling-on-tourist-visa-whilst-waiting-for-i-130/

 

As for DCF with exceptional circumstances, check this thread for recent experiences about the DCF process via the consulate in London -- https://www.visajourney.com/forums/topic/762871-dcf-cr-1-london-i-130-to-emailletter-of-approval-case-number/

 

Thank you!

[Devarj 45]

I can only relate my experience from the consulate in Ho Chi Minh City, Vietnam. I, USC, married to VNC, living in HCMC. I had a job offer in US and got letters with company letterhead explaining job acceptance terms of employment (my employment letter had a reporting date 120 days from acceptance). I applied to the consulate (CR1) for exceptional circumstances based on employment. I130 was filed and approved at the consulate and the case moved forward from there. Entire process took about four months and may have been quicker if not for COVID lockdowns. I had an interview date after two months but was postponed six weeks due to pandemic lockdowns. I did not use a lawyer and found the process not to difficult to follow. The only means to get in touch with the consulate was email, never via phone. But they were responsive to my emails within a few days. So, I recommend you file (without lawyer assistance) as I did.