Help on filing for spouse from abroad!!!

[DBD1986]

So quick summary... I am a US citizen and my husband is British. We got married in the US almost 6 years ago, but we’ve been living in the UK since our marriage started (husband is in Uk military and had service left on contract). His service is almost done and we’re planning on moving back to the USA. I want to start the process for his green card, but so confused on which forms need to be submitted, as the process is different for filing outside the USA. We also have a daughter born in the UK.

is the first initial application just form I 130? Or does this need to be submitted alongside the 485 form? Also worth noting, I haven’t been working for the last 5 years, we’ve solely depended on my husbands salary, so I’m assuming I’ll need an additional sponser for financial obligations? He will be also be getting a significant pension payout and monthly income from that after he concludes his service here in the UK.

Also wondering when we should submit this?! We have about a year until we move and I’ve read there is long wait times... but also read that if granted and he spends 6 months outside of the USA, it can be revoked. Anyone know anything on this?! Please help!!!

[Tezza]

According to this page you may be able to file the Form I-130 online or by mail even if you're overseas, but read the page (link included) and compare it to your specific circumstances, because I'm not totally confident in giving you a concrete answer on that.

The Form I-130 is the first form you should worry about since it's the one that establishes the eligibility for the benefit that you're seeking - you are petitioning for your husband to be allowed into the United States based on your relationship to him. When this form is approved it's basically saying that USCIS have confirmed that he is eligible to apply for a benefit, but in and of itself it does not allow him to immediately move to the U.S.

There is a visa called K3/K4 that you can apply for by utilizing the I-129F form. I know this is called a Fiance visa, but if you open the application, there is a box you can tick to state that you're applying for a spouse K3.

These are the two forms you will need to submit. The idea of the K3 (K4 is for children of K3 spouse) visa is to allow a spouse to enter the U.S while waiting for a decision on the Form I-130, thus reducing the time the couple are separated, then allowing you to adjust status using the Form I-485 while in the U.S, but as stated by USCIS, the Form I-130's are being adjudicated quicker these days so you don't always need the K3 visa as the Form I-130's are approved quicker than the K3.

Once the Form I-130 is approved, your husband can then begin the Consular Processing part of it. Once approved, the Form I-130 is sent to the National Visa Center (NVC), where it stays until it gets an immigrant number - since he is your spouse this doesn't matter for him as there are always numbers available for immediate relatives. There is an online form called the DS-260 which he will have to fill out so that the NVC can confirm all required information is submitted before they schedule the interview with the U.S Consulate.

If all goes well at the interview, he will then be able to move to the U.S. as a Legal Permanent Resident (LPR), and the best news is that since you've been married for over 2 years already, he will receive the permanent 10-year GC as opposed to the conditional 2-year GC, which requires yet another application later on!

Click here for USCIS information regarding Consular Processing.

[newacct]

According to this page you may be able to file the Form I-130 online or by mail even if you're overseas, but read the page (link included) and compare it to your specific circumstances, because I'm not totally confident in giving you a concrete answer on that.

The Form I-130 is the first form you should worry about since it's the one that establishes the eligibility for the benefit that you're seeking - you are petitioning for your husband to be allowed into the United States based on your relationship to him. When this form is approved it's basically saying that USCIS have confirmed that he is eligible to apply for a benefit, but in and of itself it does not allow him to immediately move to the U.S.

There is a visa called K3/K4 that you can apply for by utilizing the I-129F form. I know this is called a Fiance visa, but if you open the application, there is a box you can tick to state that you're applying for a spouse K3.

These are the two forms you will need to submit. The idea of the K3 (K4 is for children of K3 spouse) visa is to allow a spouse to enter the U.S while waiting for a decision on the Form I-130, thus reducing the time the couple are separated, then allowing you to adjust status using the Form I-485 while in the U.S, but as stated by USCIS, the Form I-130's are being adjudicated quicker these days so you don't always need the K3 visa as the Form I-130's are approved quicker than the K3.

Once the Form I-130 is approved, your husband can then begin the Consular Processing part of it. Once approved, the Form I-130 is sent to the National Visa Center (NVC), where it stays until it gets an immigrant number - since he is your spouse this doesn't matter for him as there are always numbers available for immediate relatives. There is an online form called the DS-260 which he will have to fill out so that the NVC can confirm all required information is submitted before they schedule the interview with the U.S Consulate.

If all goes well at the interview, he will then be able to move to the U.S. as a Legal Permanent Resident (LPR), and the best news is that since you've been married for over 2 years already, he will receive the permanent 10-year GC as opposed to the conditional 2-year GC, which requires yet another application later on!

Click here for USCIS information regarding Consular Processing.

K3 is obsolete. Nobody gets K3s anymore.

[Tezza]

K3 is obsolete. Nobody gets K3s anymore.

Yes I know they're rarely used, but I just wanted to provide as much detail as possible.

[parks]

Yes I know they're rarely used, but I just wanted to provide as much detail as possible.

Rarely used, or completed obsolete, no longer available?

Also, is K3 available even after I130 is done, but consular processing is on hold due to backlog / covid?

[newacct]

Rarely used, or completed obsolete, no longer available?

Also, is K3 available even after I130 is done, but consular processing is on hold due to backlog / covid?

I'm basing it off this Q&A, where in question 14 (p. 8), the lawyers described the USCIS practice where the I-129F for K3 would be processed simultaneously with the I-130, and if they are approved together, the person would become ineligible for K3. So, it is technically available and you can still file the I-129F for K3 for free, but it would rarely make it to the consulate.

[DBD1986]

Thanks all for the help.. I’m still so confused haha but really appreciate the advice. I thought the UK immigration was bad, but I’m finding this much harder to navigate!!