US citizen married + living in UK with spouse for 5+ years. Unsure which method is best for us being able to move to the US?

[abbihaus 0]

Hi all,

 

Could really use some help as there is an insane amount of content and a lot is overlapping.

 

 

We live in the UK and plan on moving to the US around August next year.

I am British, my spouse is a US Citizen.

 

There are three potential reasons for the move but we are certain about wanting to move:

 

1. For my US citizen spouse to attend Business School in the US to complete their MBA (sponsored by their employer). I will also be a student at this time.

2. If they fail to get into their school of choice, they will be transfering offices to the US office and continuing working for their current employer. I will be a student still

3. My in-laws are getting older and we may need to move to the US to help care for them (this isn't likely within the year, but you never know with age)

 

 

My worry is that if 1. happens, my SO HAS to move to the US to start in Aug/Sept for the beginning of the semester. It seems like the i-130 processing times are such that I would be unlikely to have full GC approval by August 2023. This means as two students, we would need to fund rent in 2 places, bills in 2 places and obviously the added strain on a long distance relationship.

As this has been a very recent change in life-plans, we had been previously ignorant to the processing times and figured that it would be much easier for me to just follow my Spouse to the US as I have no intent to work there for 2 years. This is obviously wrong.

 

Before we go ahead and start filing, I wanted to first gain wisdom given the 3 potential options. We won't find out if my partner gets into Business school until close to the end of the year, but we don't really want to waste months sitting around if we could start a process.

Our ideal outcome is 1. from a life goal perspective, however, if 2. offers a drastically reduced wait time, that may outweigh the delay to business school (my Spouse would apply for the following year instead).

Any advice is appreciated.

Thanks a lot!

[Timona 4,207]

File I-130as of yesterday. The earlier you get that ball rolling, the better. 

[Scandi 4,166]

If you have decided to live in the US then the only thing you can do is file the i-130 and let it take its course. It is what it is. 

 

I don't know if that answers your questions since I couldn't find a question in your post, and you already know about the processing times. 

[JeanneAdil 6,505]

the USC can move to the US at any time to start MBA

the UK citizen will need to wait for interview and visa approval

 

Both are in UK , why not DCF at embassy?  fastest way  still is the I 130

[abbihaus 0]

1 hour ago, JeanneAdil said:

the USC can move to the US at any time to start MBA

the UK citizen will need to wait for interview and visa approval

 

Both are in UK , why not DCF at embassy?  fastest way  still is the I 130

Where can we do DCF at embassy in UK? I thought it was permanently stopped in London some time during Covid ? 

[powerpuff 6,699]

33 minutes ago, abbihaus said:

Where can we do DCF at embassy in UK? I thought it was permanently stopped in London some time during Covid ? 

DCF is allowed in exceptional circumstances and it is done at the discretion of the consulate. 
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html

[abbihaus 0]

13 minutes ago, powerpuff said:

DCF is allowed in exceptional circumstances and it is done at the discretion of the consulate. 
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html

thanks for sharing however I’m not sure whether my circumstances would be deemed “exceptional”? Maybe if 2 or 3. Were to occur?

[Crazy Cat 41,857]

15 minutes ago, abbihaus said:

thanks for sharing however I’m not sure whether my circumstances would be deemed “exceptional”? Maybe if 2 or 3. Were to occur?

Keep this in mind.  If an I-130 is filed stateside or online, then DCF will NOT be available later.   However, an expedite might be.

Edited September 26, 2022 by Crazy Cat

[Chancy 6,241]

1 hour ago, abbihaus said:

thanks for sharing however I’m not sure whether my circumstances would be deemed “exceptional”? Maybe if 2 or 3. Were to occur?

 

VJ members have reported being approved for DCF at the consulate in London by providing evidence of the USC's imminent job relocation to the US.

 

[pushbrk 12,883]

2 hours ago, Chancy said:

 

VJ members have reported being approved for DCF at the consulate in London by providing evidence of the USC's imminent job relocation to the US.

 

Seems worth a try for starting an MBA program  instead of a job.  Otherwise, you'll be separated for a while like most of the members here.

 

[SalishSea 17,829]

13 hours ago, abbihaus said:

plan on moving to the US around August next year.

This is not a reasonable plan.  It really isn't possible to have a target date like that when it comes to US immigration.

 

The reality is, your USC spouse files a petition for you, and you wait in line.  It will take greater than one year.

[Just Paul 4,595]

14 hours ago, abbihaus said:

1. For my US citizen spouse to attend Business School in the US to complete their MBA (sponsored by their employer). I will also be a student at this time

This seems to be job related.  The USC should contact the consulate to do a DCF.   If that isn't accepted then file the petition online or by mail stateside.

[abbihaus 0]

42 minutes ago, Paul & Mary said:

This seems to be job related.  The USC should contact the consulate to do a DCF.   If that isn't accepted then file the petition online or by mail stateside.

Thanks for your post. I didn’t consider that it being employee sponsored would be considered job related, but that sounds logical.

 

So the USC should contact the consulate in London to do a DCF before we apply for anything? 
 

Also with the MBA starting in August and the USC not finding out that decision until the end of this year, is that considered exceptional circumstances given the 8 month gap between finding out and starting the course?

 

are there any downsides to going for a DCF, should it be denied? 

[Just Paul 4,595]

3 minutes ago, abbihaus said:

So the USC should contact the consulate in London to do a DCF before we apply for anything? 

YES

As for any repercussions of having the DCF not being accepted - there aren't any.   The USC files the I-130 normally. 

[abbihaus 0]

2 minutes ago, Paul & Mary said:

YES

As for any repercussions of having the DCF not being accepted - there aren't any.   The USC files the I-130 normally. 

So sorry for the annoyance but I wanted to just clarify before getting any bit more excited:

 

Considering the above timelines, when does it make sense for the USC to apply for the DCF? As soon as they get accepted into the MBA or closer to August when the USC is looking to move?