I-130 Questions

[TamaMoo]

We're applying for my husband's visa to move to the US. He is a UK citizen and I am currently in the UK on a spousal visa. We have submitted the I-130 a couple months ago, and are waiting for the next step, which should come in about five to six weeks, with current waiting times. Because my visa runs out near the end of June, we have booked tickets back to the States for June 18th, based on everything that we read making it appear his visa would be approved by then. Our original plan was to get my next visa and continue living here. However, life has a way of changing plans and we are now headed back to the States.

One of our questions is, if he hasn't gone for his interview before I have to go, what happens? We are under the understanding that I, as the petitioner, have to be at his interview with him. I can't overstay my visa, but we are unsure what procedure is. We want to have a plan in place on a just in case basis if things take a little longer than planned.

Also, we are wondering about his medical. We are wondering the when, where and how of it. From what we are reading he will have to go to London for it. Is this correct? Because of the distance we are from London, we are wondering if it has to be done there, or if there are other locations closer to us. Will they contact us and tell us what date and time it is scheduled, or will we have to schedule it?

[immihelp]

You don't have to attend the interview with him.

US and UK are two separate countries with separate rules. You can stay in UK as long as they allow you to and he can come to the U.S. only when U.S. allows, even if that means getting separated for some time.

Each U.S. Embassy/Consulate has approved doctors/hospitals and you can go for medical only there, even if it is in London, far from you.

[TamaMoo]

Thanks for the reply. We figured it was going to be London for the medical. We were just hoping the approved clinics/hospitals would be in more locations than just London.

We got a notice of receipt on December 12 for the 1-130. We know the processing comes next. We realize it can all change, time wise, but we're wondering if there is a rough guideline for times. For example, estimated time for processing, time until the medical, time between medical and interview etc. Is it realistic to hope it will be completed by mid June?

We do realize there could be a bit of time we'd have to be apart. We did for my visa to come here, and survived. This could have been started even sooner than we did, but as I mentioned the plan was to get my next one, and then we had to abruptly change the plan.

[immihelp]

The best thing for you to do is to plan both ways. The procedure may or may not complete by the time your time is up in UK.

[TamaMoo]

We were reading that we file the K-1 next, although he is a spouse and not a fiance, then when we are in the States we do the status adjustment and get his green card. Is this correct, or will they want him to get the green card before going? What we read is confusing, and we are not sure if we are going to the interview for the green card, or a visa that allows him to go to the States and apply for the green card. The wording of the websites we are reading is hard to comprehend at times.

We have been married seven years, if that makes any difference in what the conditions of anything is.

[nichole]

Did you send the I-30 petition for Direct Consular Filing (DCF) to the USCIS office at the embassy in London. If you have lived in the UK 6 months you are eligible.

Or did you file to USCIS in the United States. If so, where is the petition processing---California Service Center or Vermont Service Center. If you have a US receipt notification, it will say where it has been sent. The "where processing" makes a difference in time for the petition to be approved. After the petition is approved, then he has to apply for the visa which adds a couple more months. Need to know if you are doing DCF or sent petition to the US. Makes a difference in the process.

Other questions---

You do not have to go to the interview with him.

There is only one place for the visa medical exam.
Knightsbridge Doctors
4 Bentinck Mansions
London W1U 2ER

He will get an IR1 visa. The IR1 and CR1 process is identical, but because you have been married more than 2 years, he will get IR1 which gives him a 10 yr greencard when he enters the US. It will be an I-551 stamp in his passport until the card is mailed to him in a few weeks. (CR1s get a 2 yr conditional greencard). You are probably confused by reading about the K3 visa for spouses. That's pretty much a dead process now so don't file an I-129F or consider K3. With an IR1 he will NOT do adjustment of status in the US because he will get a greencard and SSN based on the IR1 with no further process.

[AssylT]

Hello!
We applied I-130 package to USCIS in Chacago, and no answer yet, is it possible to get tourist visa for me while processing K-3 visa?