I-130 Process & Nonimmigrant Visa

[SMcCahon 2]

Hi all,

 

My Wife and I got married in Iowa back in August and we're looking for a bit of clarification on the I-130 process and using a non-immigrant visa to stay in the US during the approval process.

 

From what I understand we would need to file the I-130 form and then file a I-129F form once this has been received in order for me to be able to live and work in the US during the approval process for the I-130.

 

Is this correct? I'm currently living in the UK and my wife is a US citizen living in Iowa, and we're just trying to wrap our heads around the processes so that we can have the easiest transition into living together in the US - if this isn't necessarily correct would anyone be able to give me a point in the right direction with this?

 

Cheers for any feedback!

[Crazy Cat 41,857]

Welcome to Visa Journey.  Unfortunately, you are misinformed.  Your only route is a CR-1 spousal visa.  You can forget about a K-3 visa.  They just don't issue them anymore. You cannot live in the US during the I-130 process.  The process for you will take 18 months or so from filing to interview.  Read, study, and learn the process below.  Ask questions.  The good folks here are eager to help.  The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Good luck.  Immigration is quite a ride!

 

 

Edited December 1, 2023 by Crazy Cat

[Crazy Cat 41,857]

You can make short visits to the US during the process. 

[Chancy 6,241]

1 hour ago, SMcCahon said:

From what I understand we would need to file the I-130 form and then file a I-129F form once this has been received in order for me to be able to live and work in the US during the approval process for the I-130.

 

File the I-130.  I-129F is not required.  Some people file the I-129F some time after submitting the I-130, with the faint hope that the I-129F will nudge the I-130 processing a bit faster, and with full understanding that the I-129F will be closed and not result in a K3 visa.

 

You cannot legally live and work in the US during the I-130/CR1 processing, unless you already have a valid US work visa.  As mentioned above, you may travel to the US for short visits on VWP/ESTA, but you cannot work during those visits, not even remote work.

 

[Daphne . 1,865]

Being able to live together during the process is not a very realistic expectation. Yes, you can file for the K3, but that visa is pretty much dead. You can have short visits while your case is being processed, just make sure to keep strong ties to the UK. I was able to visit my husband in the US without any issues using my Esta, I kept my visits short (1-2 weeks per visit) and had a stable job/life in the NL, so never had issues visiting. 

 

Unfortunately, temporary separation is part of the process. 

[Boiler 45,516]

The best time to have filed was back in August, the next best time is now.

Edited December 1, 2023 by Boiler

[carmel34 3,631]

4 hours ago, SMcCahon said:

I'm currently living in the UK and my wife is a US citizen living in Iowa

Your US citizen wife should do research on the process, as she needs to initiate it by filing an I-130 petition which will eventually lead to a CR-1/IR-1 spousal visa interview and medical exam in London for you in 1-2 years from the time the petition is filed.  Short visits to see each other during the long process are a good idea, not only to help the relationship stay strong, but also to show the immigration officials that the relationship is bona fide.  Good luck!

[SMcCahon 2]

Really appreciate the help everyone - that's helped out a lot!

 

Thankfully we've already got the forms filled out and fee ready to go so we'll get the ball rolling with this info here!