Pending i130s… are there any other options available? (merged)

[AmyMah 3]

Hi! 

we need to move to the USA asap

 

brief summary;

 

- I’m a US Citizen and lived in Uk for last 30 years. 
- husband of 8 years & OUR 3 children (all born in wedlock) all UK citizens ONLY

- children do not qualify for US passports due to physical presence requirement which was not met

- husband is sole earner and we can not move to USA without him being eligible to work
 

- I contacted USA embassy in London to see if we qualify for DCF but I was less informed then, it was a rejection but I don’t think I explained the situation well. 
- applied for i130s via USCIS for all 4 and at the moment tbe processing times range from 8 to 12 months

- I applied to expedite i130 via USCIS and was rejected 

- I read more about DCF and thought we were valid so emailed again and I received a more personal reply saying they can’t do anything whilst i130s are pending 

 

my question is… is there anything we can do whilst we wait for i130s and green cards? From what I understand I’m confident we won’t have any issues with getting them approved it’s just a matter of time. 
 

can we apply for an EAD for my husband? If so, how would we go about that? And the kids, are we able to apply for a visa that will do whilst we’re waiting? We’re thinking about going down the private school route, rather than public, if that makes any difference! 
 

any advice is much appreciated! X

 

 

[Crazy Cat 41,853]

3 hours ago, AmyMah said:

can we apply for an EAD for my husband?

He won't need an EAD.  He will be authorized to work as soon as he enters the US visa a spousal visa. 

[Boiler 45,514]

Do not see how you could have qualified for DCF and that is now a dead option as you have been advided.

 

18 months is more likely to get Immigrant Visa's

 

Presume you have joing sponsor lined up

 

EAD not relevant as you will be work authorised on entry.

 

F1 is the non immigrant visa for students

 

Edited November 10, 2022 by Boiler

[Letspaintcookies 2,310]

There's nothing you can do while waiting. Since DCF is not a possibility at this point there's no other way for your husband or the kids that wouldn't be fraudulent.

[Ontarkie 14,222]

~~Moved to IR1/CR1 P&P, from Bringing Family of USC - the OP is petitioning spouse and children~~

[AmyMah 3]

6 hours ago, Crazy Cat said:

He won't need an EAD.  He will be authorized to work as soon as he enters the US visa a spousal visa. 

Thank you for you comment, can we apply for a Spousal visa whilst waiting for i130 to be approved? Or is the visa once he is approved?

[AmyMah 3]

6 hours ago, Boiler said:

Do not see how you could have qualified for DCF and that is now a dead option as you have been advided.

 

18 months is more likely to get Immigrant Visa's

 

Presume you have joing sponsor lined up

 

EAD not relevant as you will be work authorised on entry.

 

F1 is the non immigrant visa for students

 

Thank you Boiler 

 

yes we have a joint sponsor ready if we need one

 

so you don’t see any quicker alternative route whilst waiting for i130 and green card? 

[SalishSea 17,829]

40 minutes ago, AmyMah said:

Thank you for you comment, can we apply for a Spousal visa whilst waiting for i130 to be approved? Or is the visa once he is approved?

An approved petition is required for any spousal visa to be issued.   The petition is the basis on which visa eligibility is evaluated.

 

Just curious-   Why ‘asap’?  US immigration is a long and expensive process that requires patience and planning.

[AmyMah 3]

12 minutes ago, Jorgedig said:

An approved petition is required for any spousal visa to be issued.   The petition is the basis on which visa eligibility is evaluated.

 

Just curious-   Why ‘asap’?  US immigration is a long and expensive process that requires patience and planning.

Hello, Sadly I realise that now, I wish we started sooner. 

Reason for urgency is due to my husband's employment situation

[SteveInBostonI130 3,451]

4 hours ago, AmyMah said:

Hello, Sadly I realise that now, I wish we started sooner. 

Reason for urgency is due to my husband's employment situation

Valid DCF reason is if the USC spouse needs to return to the US due to employment deadlines.

 

The non-USC spouse is not authorized to work in the US and therefore their employment situation is not considered.  If there is an urgent need it is assumed the company/employer would sponsor a work visa.

 

The I-130s are the first step of the entire immediate relative visa process:  spouse and children.  Once complete (USCIS, NVC, Embassy Interview), your husband will get an IR1 visa and your children will get IR2 visas.

[carmel34 3,631]

15 hours ago, AmyMah said:

- applied for i130s via USCIS for all 4 and at the moment tbe processing times range from 8 to 12 months

- I applied to expedite i130 via USCIS and was rejected 

All you can do at this point is wait.  8-12 months is for the I-130 petitions to be adjudicated.  If approved, then the petitions go to the NVC, more documents are uploaded and reviewed, the NVC stage can take 2-3 months or more, then interviews are scheduled at the US embassy or consulate in your country, typically 2-3 months from NVC approval depending on the backlog.  So plan on about 18 months for the entire process until visas are issued and you can all move to the US.  Definitely start working on getting a qualified joint sponsor so you are ready at the NVC stage.  Good luck!

[AmyMah 3]

Thank you @carmel34 and @steveinnbostonI130 - thank you both, I appreciate your feedback. 
 

Looks like waiting is our only option.... quick question, my husband's i130 looks like it may be processed 2/3 months before 2 of our children's, that's if the processing times published are accurate. Once my husband's visa is ready,  are we able to go to the USA and wait for the children's visas there? Or is there a way to speed up their visas at that point? Thanks in advance

 

[Crazy Cat 41,853]

23 minutes ago, AmyMah said:

Thank you @carmel34 and @steveinnbostonI130 - thank you both, I appreciate your feedback. 
 

Looks like waiting is our only option.... quick question, my husband's i130 looks like it may be processed 2/3 months before 2 of our children's, that's if the processing times published are accurate. Once my husband's visa is ready,  are we able to go to the USA and wait for the children's visas there? Or is there a way to speed up their visas at that point? Thanks in advance

 

You can hold your husband's visa at NVC by not submitting docs or paying fees until ALL the I-130s have reached NVC.  Then pay fees, submit documents for all.  Then contact NVC and the consulate to request them all to be interviewed together.  This is a very common situation.  If you husband's I-130 reaches NVC first, you can also request an expedite for the children.

 

Assuming your husband's I-130 reaches NVC first:

 

1.  Request an expedite for the children.

2.  Hold husband's case at NVC by withholding fess and documents until all I-130s are at NVC.

3.  Then, submit docs and pay fees for all I-130s.

4.  Contact NVC and the consulate to request all family members be interviewed and all visas be issued together. 

Edited November 10, 2022 by Crazy Cat

[AmyMah 3]

25 minutes ago, Crazy Cat said:

You can hold your husband's visa at NVC by not submitting docs or paying fees until ALL the I-130s have reached NVC.  Then pay fees, submit documents for all.  Then contact NVC and the consulate to request them all to be interviewed together.  This is a very common situation.  If you husband's I-130 reaches NVC first, you can also request an expedite for the children.

 

Assuming your husband's I-130 reaches NVC first:

 

1.  Request an expedite for the children.

2.  Hold husband's case at NVC by withholding fess and documents until all I-130s are at NVC.

3.  Then, submit docs and pay fees for all I-130s.

4.  Contact NVC and the consulate to request all family members be interviewed and all visas be issued together. 

Thank you @Crazy Cat - very helpful  

[pushbrk 12,883]

While you're waiting, learn what's coming next and get prepared.  Note that an approved petition opens the door to apply for a visa.  It's not a visa.  

 

While it is possible for your husband to push ahead to get his visa before the children, it is not possible for him to go to the USA before you do.  That's why nobody is advising you in that direction.  It would mean YOU leaving the children behind.