# Changed mind (UK/US spouse visa)



## Petachuk (Jun 17, 2014)

Long story short, USC (me) applied for a UK spouse visa to be with husband in UK, but at last moment, we decided to change and have him move to the US instead. Question, since I've already applied for a UK spouse visa, can we also apply at the same time for his US spouse visa? If yes, when/if I get my spouse visa (shorter wait time than US), can I then use it to travel over to the UK and wait for him to go through interview process etc since it takes much longer to get US visa..basically wait till he gets his visa and then we both travel back to the US? I need some opinions, thanks!


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## Petachuk (Jun 17, 2014)

Petachuk said:


> Long story short, USC (me) applied for a UK spouse visa to be with husband in UK, but at last moment, we decided to change and have him move to the US instead. Question, since I've already applied for a UK spouse visa, can we also apply at the same time for his US spouse visa? If yes, when/if I get my spouse visa (shorter wait time than US), can I then use it to travel over to the UK and wait for him to go through interview process etc since it takes much longer to get US visa..basically wait till he gets his visa and then we both travel back to the US? I need some opinions, thanks!


Another option, if we decide for me to go to the UK and live there for 6 months, then we could go through DCF afterwards for him to get his visa, is that correct?

Thanks


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## Davis1 (Feb 20, 2009)

to get to the US the in the normal course the US citizen file for the Spousal visa in the US where
he earns enough for the affidavit of support it can take around a year 

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

DCF will depend on the US citizen UK status and having co sponsors


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## Petachuk (Jun 17, 2014)

Davis1 said:


> to get to the US the in the normal course the US citizen file for the Spousal visa in the US where
> he earns enough for the affidavit of support it can take around a year
> 
> spousal visa
> ...


Do you know what the UK status is? If I'll be on the 33 months UK spouse visa, will I be eligible after 6 months?


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## Davis1 (Feb 20, 2009)

Filing the I-130 abroad may shorten the total immigration timeline. However, this option is only available to US citizens living abroad. The DHS office on London has set the requirement at six months minimum residence in the UK -- both legal leave to remain permanently and actual residence. 

For US citizens resident in the United Kingdom, Immediate Relative petitions are filed by post at the DHS Overseas Office in London ("the Embassy"). Their requirements state: 

"The DHS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom. " 

This is generally demonstrated with an Indefinite Leave to Remain (ILR) stamp and other evidence of your genuine residence in the UK.


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## Petachuk (Jun 17, 2014)

Davis1 said:


> Filing the I-130 abroad may shorten the total immigration timeline. However, this option is only available to US citizens living abroad. The DHS office on London has set the requirement at six months minimum residence in the UK -- both legal leave to remain permanently and actual residence.
> 
> For US citizens resident in the United Kingdom, Immediate Relative petitions are filed by post at the DHS Overseas Office in London ("the Embassy"). Their requirements state:
> 
> ...


Thank you. ILR is given after the initial visa is renewed I believe. I wonder if the initial visa with 6 months residence in the UK is enough or would have to wait till I get IRL which would take 2.5 years which then no point.


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## _shel (Mar 2, 2014)

It takes 5 years and 2 visas to get ILR.


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## Petachuk (Jun 17, 2014)

Yea that's way too long. If we go with the normal route with filing I-130 for him to come here. We can also fill a K3 so he actually can come over sooner than waiting for a whole year, is that correct? If yes, how long is it to get a K3? Thank you


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## Davis1 (Feb 20, 2009)

K-3 is pretty much obsolete it changed to a CR1


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## Petachuk (Jun 17, 2014)

What do you mean by that? It's not used anymore or it's pointless? It's still on the gov website.


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## Petachuk (Jun 17, 2014)

I did some more research and if you have a UK entry clearance stamp, and live there for 6 months at least, DCF in London is an option. No need to wait for IRL. I think we will try to go for this route. Thank you for your replies


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