Moving with Wife(UK Citizen) and 2 children (US citizens) - Best Way for urgent move

[PokeDragon 0]

We currently live in the UK and we are moving the US urgently as my mom has been diagnosed with cancer and we want to be there as she goes for treatment and support.

 

I know filing an i130 is the start but can take 2 years so we are looking at the options as we weren't really looking to move back originally until this situation arose.  I am looking to move back to the US with my older daughter so she can start school and I can find a job ASAP as my mom is starting here treatment soon while my wife will deal with our second child who is 1 year old.  My wife does not work as our second child does require additional care which we both support on with her being the primary carer.

I wanted to see what all our options would look like or if its just the one option we had?

 

1. File i130 and just wait the time frame
2. File i130 and wife comes back and forth on visitor visa for 90 days at a time while its being processed - Any issues with here being denied entry especially when traveling with baby (US citizen) so often?
3. Is there an option that my wife can come on a visitor visa and we file once we are all in the US? (assuming not allowed)
4. Any additional option i'm missing?

 

We are just trying to minimise the time we are away from each other more for the children side as we are both very involved parents and being apart would make things very difficult and again wasn't sure if there were any options especially with both of our children also being US citizens and not being separate from their parents.

[appleblossom 3,008]

I would try for DCF first in case it’s accepted. Any chance of you getting a job offer in the US? That would make DCF much more likely. 
 

2. Is an option but just bear in mind your wife shouldn’t look as though she’s trying to live in the US without a proper visa. So she should spend more time out of the US than it it. And if your youngest isn’t in school then it could also be risky as she’ll be turning up without many UK ties/reasons to return, and with a husband and child in the US. 
 

3. Isn’t legal so no unfortunately not. 
 

4. Not that I can think of. If your wife worked I’d suggest looking in to employment based visas but that doesn’t seem to be an option. 
 

Best of luck. 

Edited 23 hours ago by appleblossom

[appleblossom 3,008]

Also, if your wife is in the UK then unless I-130 processing times get far worse, it shouldn’t be as long as 2 years. London is one of the quickest consulates, she could have a visa within a couple of months of the I-130 being approved if you’re quick with paying fees and submitting docs. Just thought I’d mention that in case you do have to go down the ‘normal’ spousal visa route rather than DCF. 

[OldUser 7,380]

4 hours ago, appleblossom said:

Also, if your wife is in the UK then unless I-130 processing times get far worse, it shouldn’t be as long as 2 years. London is one of the quickest consulates, she could have a visa within a couple of months of the I-130 being approved if you’re quick with paying fees and submitting docs. Just thought I’d mention that in case you do have to go down the ‘normal’ spousal visa route rather than DCF. 

2 years is from filing I-130 to getting visa.

Typically, I-130 takes 14-16 months.

[appleblossom 3,008]

41 minutes ago, OldUser said:

2 years is from filing I-130 to getting visa.

Typically, I-130 takes 14-16 months.

 

That’s my point though, it’s not 2 years if via a quick consulate via London. The visa can be in hand 2-3 months after the I-130 is approved there, so maybe 18 months in total unless processing times at any/all stages get considerably longer. 

Edited 16 hours ago by appleblossom