# How to do it....



## entropydave (Oct 4, 2013)

Ok, I married my wonderful american missus last year in Florida - I'm a Brit and she has come over to live with me here in the UK.
However, for personal reasons we have decided to move back to the US.

Be gentle with me - I didn't realise quite how demanding the process of me moving to the States with my wife.
SO where to start? She has started on the I 130 form, we both have jobs and accomodation waiting for us... I guess the question I am naively asking is: what is the quickest (legal) way I can go with her and start our lives there.

I presume that I will have to get a spousal visa - but is it possible to get the I 130 started here in the UK but continue the process in the US?

There are so many questions, and I don't even know half of the problems I will face trying to go back with her to the US and so I don't know where to start - all a bit overwhelming.

I think my ESTA allows me to stay for up to 3 months... can I get my visa sorted from within the US in that time?

Sorry for the vague plea for advice but I guess over the next few weeks and as I go through this forum I'll get a better feel for the complexities!

thanks for your anticipated patience!

dave


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## Crawford (Jan 23, 2011)

So you are applying for a spouse visa.(CR-1)

Details for this visa are below:

USCIS - Spouse

Once the I-130 form is approved you will move on to completing other documentation necessary for issuing of the visa itself.

The whole process takes between 6 and 8 months. You can visit the US during this time but you *cannot remain in the US while the visa is processing.*

Once you enter the US with the visa you will be a permanent resident and will be able to work.

If you already have jobs and accommodation set up don't know what sorts of problems you are anticipating.

One thing to mention. Your US wife is currently in the UK on spouse visa I presume. She will lose that status if you spend any length of time out of the UK, and you will need to re-apply for a visa for her if you decide to return to the UK.


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## Davis1 (Feb 20, 2009)

she has to file


spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

do not try to enter the US now you are married on a V/W
they may well deny you entry as trying it on without the proper visa ... get the spousal visa ...
better that she goes first ands establishes domicile


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## entropydave (Oct 4, 2013)

Davis1 said:


> she has to file
> 
> 
> spousal visa CR1
> ...


Well, we are booked for a 2 week hol there in November to see her family and do some further checking out. If we have proof that we will be returning (ie letter from our employers, tenancy lease for our property &c.) would that be ok?


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## Davis1 (Feb 20, 2009)

entropydave said:


> Well, we are booked for a 2 week hol there in November to see her family and do some further checking out. If we have proof that we will be returning (ie letter from our employers, tenancy lease for our property &c.) would that be ok?


some get tru ..some do not .. be lucky


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## entropydave (Oct 4, 2013)

Seems it might be prudent then to file the I130 after we return.


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## entropydave (Oct 4, 2013)

The USCIS customer guide says:


"your relative's place in line will be based on the date you file your petition. So there is an advantage to filing as soon as possible. *There is no waiting period for immediate relatives of US citizens which include a US citizen's spouse, parent or unmarried child under the age of 21 years.* (my italics).

So what does this mean for me and my American missus? Does this mean I automatically go to the next stage very quickly? Fortunately I have no criminal record or anything weird about me!
My wife would like to get the I130 in asap rather than wait about 6-8 weeks after we have returned from our US holiday.

Thanks!


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## twostep (Apr 3, 2008)

Why does no one give information or bother to read?

When did you get married? Are both of you legally living in the UK right now?


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## entropydave (Oct 4, 2013)

twostep said:


> Why does no one give information or bother to read?
> 
> When did you get married? Are both of you legally living in the UK right now?


Sorry, I thought my OP stated where and when I got married. I also thought I said in my OP that she had come over here to live with me and I guess I made the assumption that obviously she has a spousal visa to live in the UK but obviously that just wasnt clear enough.
I must have been mistaken.


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## 2fargone (Jun 14, 2011)

entropydave said:


> Sorry, I thought my OP stated where and when I got married. I also thought I said in my OP that she had come over here to live with me and I guess I made the assumption that obviously she has a spousal visa to live in the UK but obviously that just wasnt clear enough.
> I must have been mistaken.


Ok then you can do DCF. Read up on it. 

USCIS - United Kingdom - London Field Office


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## entropydave (Oct 4, 2013)

2fargone said:


> Ok then you can do DCF. Read up on it.
> 
> USCIS - United Kingdom - London Field Office


What does 'DCF' mean? Sorry - not familiar with the jargon yet


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## 2fargone (Jun 14, 2011)

entropydave said:


> What does 'DCF' mean? Sorry - not familiar with the jargon yet


DCF- is Direct Consular Filing. You file an I-130 petition via a Consulate overseas. In your case London. You can do this because your wife has a spousal visa for the U.K. 

You would need to get in touch with the London Consulate and ask what they require for filling an I-130 petition.


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## Crawford (Jan 23, 2011)

I found this blog from a lady who has just filed DCF for US spouse visa andshe lists all she had to do.

Of course, not everyone's situation is the same but this lady's situation does not look untypical of a pretty straight forward petition.

Her timeline was from filling in March 2013 to getting visa and flying to States in July 2013

Across The Pond: CR1 Visa filing DCF- A how to and timeline

Might help.


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## twostep (Apr 3, 2008)

entropydave said:


> Sorry, I thought my OP stated where and when I got married. I also thought I said in my OP that she had come over here to live with me and I guess I made the assumption that obviously she has a spousal visa to live in the UK but obviously that just wasnt clear enough.
> I must have been mistaken.


Quit thinking and assuming! When did she enter the UK on a spousal visa? Day/month/year! She needs a minimum of six months to be able to file DCF.


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## entropydave (Oct 4, 2013)

2fargone said:


> DCF- is Direct Consular Filing. You file an I-130 petition via a Consulate overseas. In your case London. You can do this because your wife has a spousal visa for the U.K.
> 
> You would need to get in touch with the London Consulate and ask what they require for filling an I-130 petition.


Thanks! That was actually helpful, rather than being told by the moderator to

*"Why does no one give information or bother to read?

When did you get married? Are both of you legally living in the UK right now?"
*
when he had patently not followed his own advice. His comment really wasn't helpful to either me or the other contributors to this thread.

Or maybe I just completely misunderstood his comment in which I apologise.


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