# Wife petitioning for US entry of Scotsman!



## austinstables7191 (Feb 17, 2015)

Dear users

Once again we need some advice. 

My wife is petitioning for me to move to America with her, New York to be exact. We are making the petition from inside the U.K and my mother-in-law will be the financial sponsor for me. 

Our petition so far is as follows.

My Wife's G-325A 
My G-325A
Form I130
Recent passport photos of us both with our names on the back
A Cheque from my Wife's American bank account for $420
A copy of my wife's birth certificate
A copy of our marriage certificate
A joint UK bank statement
A piece of correspondence showing we stay at the same address

Is this all correct as per the requirements? And are we right in thinking we send it to the USCIS Lockbox address in Chicago? 

Also, will making this application affect my chances of entry into the United States in general? My brother in laws wedding is coming up in September and we were hoping to have heard back and have a positive reply by then, but we realise that isn't totally possible when it comes to immigration processes, so we just wanted to know if we hadn't heard back from the USCIS by then, that would I be able to enter the Country for my brother in laws wedding. 

Kind regards as always to you helpful folks on this board. I wish I could meet you all and buy you all a beer and a handshake for all your fine help in these matters


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## Davis1 (Feb 20, 2009)

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

it will take up to a year to get the visa


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## Crawford (Jan 23, 2011)

Yes, you send it to the lockbox in Chicago.

No, it should have no affect on your visit to the wedding in September. 

You are not likely to have heard anything from the US authorities by September (except perhaps an acknowledgment that they have received the petition), but if you do get questioned about your petition just answer truthfully that you have petitioned but that you are only entering the country now to attend a wedding.


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## BBCWatcher (Dec 28, 2012)

Don't forget to include USCIS Form G-1145.


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## austinstables7191 (Feb 17, 2015)

Davis1 said:


> spousal visa CR1
> Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)
> 
> it will take up to a year to get the visa


Will the visa process take up to a year still as a spouse? I thought that the process may be quicker to do due to the fact we are already married? 

Would it therefore be easier to go across to America for my brother in laws wedding and apply from the US?


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## austinstables7191 (Feb 17, 2015)

http://www.nolo.com/legal-encyclopedia/green-card-sponsoring-fiance-spouse-29026.html

Scenario 3 correctly defines or situation so I'm rather unsure of timelines now?


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## Crawford (Jan 23, 2011)

I have just read your earlier posts.

You are both living in Scotland and have been there for 7 months or more 

In this case you can file at the London Consulate - Direct Consular filing.

The process is much quicker than the lockbox in Chicago. 

Filing I-130/I-360 | Embassy of the United States

It is going to take longer than 2 months though ......

Do not enter the US on the VWP with the intention of remaining......... this is illegal, and if your petition is refused (which it would be) you would be in all types of trouble.

You have to apply for the spouse visa from outside of the US.


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## austinstables7191 (Feb 17, 2015)

Basically our intentions were to go to my brother in laws wedding in September and stay there.

I'm now at a bit of a loss as to what to do. We have the paperwork ready to apply for the Chicago Dropbox but would it be advised to go to London? 

Are the costs the same in London? With regards to the medical do I get that before hand too?


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## BBCWatcher (Dec 28, 2012)

austinstables7191 said:


> Basically our intentions were to go to my brother in laws wedding in September and stay there.


Your wife can stay in the U.S. as long as she wants, but what you describe is not actually legal for you. You are obliged to exit the United States according to the terms of your ESTA visa waiver entry permission (i.e. within 90 days).



> I'm now at a bit of a loss as to what to do. We have the paperwork ready to apply for the Chicago Dropbox but would it be advised to go to London?


If your wife has the paperwork ready -- it's her petition for you -- great. The only thing that changes is what address she mails the paperwork to. Simple. She shouldn't forget USCIS Form G-1145, by the way.



> Are the costs the same in London?


Yes.



> With regards to the medical do I get that before hand too?


No, not yet.


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## twostep (Apr 3, 2008)

austinstables7191 said:


> Basically our intentions were to go to my brother in laws wedding in September and stay there.
> 
> I'm now at a bit of a loss as to what to do. We have the paperwork ready to apply for the Chicago Dropbox but would it be advised to go to London?
> 
> Are the costs the same in London? With regards to the medical do I get that before hand too?


As already posted - you can go to the wedding but on ESTA and personally I would have documentation about binding ties with me.

DCF through London is the quickest way.

Fees are the same. 

Read through the link Crawford posted for you.


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## Crawford (Jan 23, 2011)

austinstables7191 said:


> Basically our intentions were to go to my brother in laws wedding in September and stay there.



Do not try and do this...... it is illegal to enter the US on the VWP with the intention of remaining.


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## austinstables7191 (Feb 17, 2015)

In terms of processing time is there any idea of how long our application would take to be processed? As I say we were hoping to have had it all done and dusted before September as we heard that it would take two months at most but maybe that was a mistake on our part?

It's also going to be a bit of a logistical nightmare getting the medical as the only approved physician is in London so i'll have to fly to London for the medical, then back, then back to London again for my interview.


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## Davis1 (Feb 20, 2009)

a spousal visa can take 8-12 months


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## austinstables7191 (Feb 17, 2015)

Davis1 said:


> a spousal visa can take 8-12 months





austinstables7191 said:


> Chart: What to Expect When Sponsoring a Fiancé or Spouse for a Green Card | Nolo.com
> 
> Scenario 3 correctly defines our situation so I'm rather unsure of timelines now?


So would it be wrong to take the information provided in the link above saying it would take around 2 months? This is where we got our initial information from because like I say, Scenario 3 correctly defines our current situation.

Im very sorry if this is tedious for you guys, it's just a total nightmare for me to work through. :confused2:


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## twostep (Apr 3, 2008)

austinstables7191 said:


> So would it be wrong to take the information provided in the link above saying it would take around 2 months? This is where we got our initial information from because like I say, Scenario 3 correctly defines our current situation.
> 
> Im very sorry if this is tedious for you guys, it's just a total nightmare for me to work through. :confused2:


It is a compilation of information. You overlooked the disclaimer regarding processing times?

Your options are DCF or filing through lockbox. Either scenario will not hit your target date of September.


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## austinstables7191 (Feb 17, 2015)

I see. I guess now I have to figure out whether it'll be easier to delay our application until after my brother in laws wedding or not.


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## Davis1 (Feb 20, 2009)

it clearly says in one part
Marriage visa option. It takes several months to get the I-130 approved, and up to another year for approval of the immigrant visa


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## austinstables7191 (Feb 17, 2015)

Davis1 said:


> it clearly says in one part
> Marriage visa option. It takes several months to get the I-130 approved, and up to another year for approval of the immigrant visa


I apologise like I say, i'm not the greatest with the legal speak and sheer amount of paperwork.


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## Bellthorpe (Jun 23, 2013)

That's the way these things go. My wife and I will be filing for change of status, and we're delaying it until we have a clear 'window' when we don't need to travel anywhere. After returning to the US in a week's time, and allowing a reasonable time to meet the 'hey, you can't change your intent that quickly' period.


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## Crawford (Jan 23, 2011)

I have just been looking on another forum, where folks post their timelines for I-130s mailed to the London Embassy.

This week 2 posters received their visa in just over 4 months and the third in just over 6 months.

Just giving a heads up on some current timelines.


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## BBCWatcher (Dec 28, 2012)

It's OK to file USCIS Form I-130 now and proceed with travel to the United States, but two things are true with that travel:

1. You cannot have the intent to stay in the United States for that trip;
2. You have to leave the United States before your temporary stay permission expires.

As long as you can keep separate concepts separate -- and that should be a bit easier if you're an English speaker  -- then it's OK. You simultaneously have the intent to move to the United States but just not _then_, during _that_ trip, and in fact you actually leave on time. Make sense?


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## austinstables7191 (Feb 17, 2015)

Bellthorpe said:


> That's the way these things go. My wife and I will be filing for change of status, and we're delaying it until we have a clear 'window' when we don't need to travel anywhere. After returning to the US in a week's time, and allowing a reasonable time to meet the 'hey, you can't change your intent that quickly' period.


Yeah we were going to take this approach but I feel like I have enough ties to Scotland (full time job, a little debt, all of which ill take evidence of) to satisfy immigration. 



Crawford said:


> I have just been looking on another forum, where folks post their timelines for I-130s mailed to the London Embassy.
> 
> This week 2 posters received their visa in just over 4 months and the third in just over 6 months.
> 
> Just giving a heads up on some current timelines.


Thank you for that insight crawford, nice to hear that! 



BBCWatcher said:


> It's OK to file USCIS Form I-130 now and proceed with travel to the United States, but two things are true with that travel:
> 
> 1. You cannot have the intent to stay in the United States for that trip;
> 2. You have to leave the United States before your temporary stay permission expires.
> ...



That puts things in good perspective bbcwatcher, appreciate the info!


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