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I-130 guidance - Spouse application from London Consulate

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  • I-130 guidance - Spouse application from London Consulate

    Hi,

    I'm trying to find specific information for applying for a green card from outside the USA. I have been married to a US citizen and we live in the UK. We were married in CA and moved directly to the USA. I have found some answers to my questions but there are still a few unanswered:

    1. If we apply for I-130 via London consulate can we travel to the USA on a ESTA while the processing is happening? (We do not plan to stay, only visit family for wedding)
    2. Any ideas of entire processing time from a consulate like London?
    3. Are we correct in understanding that we submit the I-130 and when/if approved we travel to USA with approved documents and complete the process at the point of entry? Or is there other steps missing?
    4. Will we need to do an interview and medical in the UK before the I-130 is approved?

    Thanks for any information you can share.

  • #2
    Just filing I130 is not the entire process, it is merely the first step. The second step is the actual GC step. You would file for either an immigrant visa if you are doing from outside the US, and when you enter the US using that visa, your GC process would be completed at the POE, and the actual card mailed to you after a few days at your US address. Alternately, you can do a AOS (Adjustment Of Status) if you are already in the US. That is the form I485.
    You can actually do the two steps (I130 plus status adjustment) concurrently or one after the other. Typically you are looking at ~an yr. for the entire process from outside the US.

    Entering the US with an ESTA when you have your I130 filed can be a bit tricky. You may be denied entry at POE citing your intent to immigrate. It is all up to the discretion of the CBP officer.

    The medical exam is needed only for the 2nd step mentioned above. You do not need it for I130.
    Just an opinion; Not legal advice.

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