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Posted (edited)

We just sent in the I-130 application and see an estimated waiting time of 19 months. We want to move back (back for me) to USA next year, either summer or fall. Our daughter is of course a US citizen, but I don't know if/when I can bring my wife. Questions:


1) If we don't have an exact moving date from a work contract for me but that changes, can you switch to a DCF for expedited service?
I am currently applying for jobs and waiting on some things that could turn into offers at any time, so it's not possible to say one way or the other.

2) Can my wife join me and our daughter before her I-130 application is processed and accepted? Does the 19 months (or however long it ends up being) refer to her getting citizenship status, or being able to enter the country, or stay in the country, or all of the above? If a couple is waiting on an application but wants to move, is there some other kind of bridge visa that can be obtained for the non-citizen to stay in the USA while the application is processing?

I don't particularly care how long it takes for my wife to get permanent residence or citizenship, but I want to be able to move with her if/when I receive a job offer, and have not been able to find information about that situation. Thanks for any help.

Edited by Kyle M
Posted (edited)
21 minutes ago, Kyle M said:

We just sent in the I-130 application and see an estimated waiting time of 19 months. We want to move back (back for me) to USA next year, either summer or fall. Our daughter is of course a US citizen, but I don't know if/when I can bring my wife. Questions:


1) If we don't have an exact moving date from a work contract for me but that changes, can you switch to a DCF for expedited service?
I am currently applying for jobs and waiting on some things that could turn into offers at any time, so it's not possible to say one way or the other.

2) Can my wife join me and our daughter before her I-130 application is processed and accepted? Does the 19 months (or however long it ends up being) refer to her getting citizenship status, or being able to enter the country, or stay in the country, or all of the above? If a couple is waiting on an application but wants to move, is there some other kind of bridge visa that can be obtained for the non-citizen to stay in the USA while the application is processing?

I don't particularly care how long it takes for my wife to get permanent residence or citizenship, but I want to be able to move with her if/when I receive a job offer, and have not been able to find information about that situation. Thanks for any help.

 

You can't switch to DCF once you've filed the I-130 unfortunately. 

 

Which country are you in? The 19 months just refers to the I-130 approval, although it's usually a bit quicker than that (about 15 months at the moment), ignore the notoriously unreliable timeline on the USCIS account completely! Once that's been approved she then has to apply for the visa. You're currently at step 1 here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html Once she has the visa, she'll enter the US on it and become a permanent resident ('green card' holder). A citizenship application will be a few years away. 

 

She can try to enter as a visitor if you've moved ahead of her, but she can't live in the US until she has a visa allowing her to do so. 

 

Good luck. 

Edited by appleblossom
Posted
5 minutes ago, appleblossom said:

 

You can't switch to DCF once you've filed the I-130 unfortunately. 

 

Which country are you in? The 19 months just refers to the I-130 approval, although it's usually a bit quicker than that (about 15 months at the moment), ignore the notoriously unreliable timeline on the USCIS account completely! Once that's been approved she then has to apply for the visa. You're currently at step 1 here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html Once she has the visa, she'll enter the US on it and become a permanent resident ('green card' holder). A citizenship application will be a few years away. 

 

She can try to enter as a visitor if you've moved ahead of her, but she can't live in the US until she has a visa allowing her to do so. 

 

Good luck. 

We're in Sweden. So did I waste my time and money with the I-130? I can't leave her here and move ahead, I'm not going to leave my wife and daughter and I'm not going to bring my daughter without my wife.

Posted
2 minutes ago, Kyle M said:

We're in Sweden. So did I waste my time and money with the I-130? I can't leave her here and move ahead, I'm not going to leave my wife and daughter and I'm not going to bring my daughter without my wife.

 

That's good, Sweden is one of the quicker consulates so you won't have a long wait for an interview. No, you didn't waste your money, that was your only option anyway.

 

I would just hold off and wait to job hunt until you're nearer the end of the process. When exactly did you apply?

Posted
Just now, appleblossom said:

 

That's good, Sweden is one of the quicker consulates so you won't have a long wait for an interview. No, you didn't waste your money, that was your only option anyway.

 

I would just hold off and wait to job hunt until you're nearer the end of the process. When exactly did you apply?

I don't really have the option to stay for...over a year? because my job ended here and I have been having trouble finding another one. For economic reasons, we have to move. It was just last week that we sent in the I-130. I find this all confusing, she would be deported if we all just moved to the states now? They would sent away the mother and wife of a US citizen?

Posted (edited)
4 minutes ago, Kyle M said:

I don't really have the option to stay for...over a year? because my job ended here and I have been having trouble finding another one. For economic reasons, we have to move. It was just last week that we sent in the I-130. I find this all confusing, she would be deported if we all just moved to the states now? They would sent away the mother and wife of a US citizen?

 

I'm sorry, but you had unrealistic exceptions if you thought it would be that quick, it was always going to take 18 months, give or take. 

 

Being the wife/mother of a USC means she has a relatively easy route to a visa, but it doesn't give her the right to live there without that. 

 

The only thing you could do is cancel the I-130 and then apply for DCF once you have a confirmed job offer in writing - but if DCF is refused, you'd then have an even longer wait ahead of you as you'd have to start from scratch. 

 

Good luck. 

 

 

Edited by appleblossom
Posted
6 minutes ago, appleblossom said:

 

I'm sorry, but you had unrealistic exceptions if you thought it would be that quick, it was always going to take 18 months, give or take. 

 

Being the wife/mother of a USC means she has a relatively easy route to a visa, but it doesn't give her the right to live there without that. 

 

The only thing you could do is cancel the I-130 and then apply for DCF once you have a confirmed job offer in writing - but if DCF is refused, you'd then have an even longer wait ahead of you as you'd have to start from scratch. 

 

Good luck. 

 

 

Well, after seeing how certain immigrants who don't bother with such paperwork can stay, I don't think the expectation was that unrealistic. I guess the people that try to follow the rules always lose out.

Posted
4 minutes ago, appleblossom said:

 

It's more miserable for those that don't, Immigration Nation on Netflix is worth a watch for an eye opening view in to the life of an illegal immigrant. Far better to do it the right way as you have done so your wife can enjoy her life in the US. 

 

Good luck, I hope you can find a job in Sweden to tide you over until you can all move together. 

I grew up in a farming rural community in New Jersey and lived for a time in Florida and Netflix, the makers of farses like the Cleopatra "documentary" where she is played by Adele James, is not going to educate me with their infotainment to disbelieve what I saw and can read statistics of on my own.

Filed: K-1 Visa Country: Wales
Timeline
Posted

You do not have to believe anyone on here it is all on the USCIS web site.
 

When did you file?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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