Long time... need help with repatriation

SBride1

Hey ladies. I used to post on here some, but haven't been around in forever. Well my British hubby and I have lived in the UK for 2 years now and are moving back to our home town in Tampa, FL in April. We sent off the I-130 petition back in November and should be hearing soon if it is accepted.

There are a few questions I have that I can't seem to find anywhere.

Once the petition is accepted, is it okay for my husband to move to the States? I have heard he can complete stage 2 (if necessary, not sure) in the States.

If that is true, is there anything I need to do?

If he does have to stay during the next steps, any timeline on how long that takes?

Also any advice on moving back that you have is greatly appreciated!

Thanks!
Stacy 

allibally

I'm a bit rusty on the visa stuff. We filed the I-130 and went the cr-1 route. DH wasn't even able to enter the US for vacation let alone to live there until it's approved. Filed Oct and interview was in July. With lots of paperwork in-between but that's because we couldn't direct file at the embassy. You've lived there longer than 6 months and I thought that England was one of the few with direct filing still available. Did you go that route or did you send the I-130 to the US for filing. I'm pretty positive he can't move to the US until he has a interview at the embassy for the visa at the end of the process. You should check out visajourney.con if you haven't already.

kelly321

One of the K visas (K3 maybe?) is meant for those who have already filed for residency but haven't gotten a decision yet. We needed a visa for DH for this summer, and first I thought that K visa was the right one, but then I found out you can only get it if you're in the process of applying for a green card.

frlcb

Are you doing DCF? If so then no, he has to stay in the UK. You don't have to be however. The I-130 is just the first step, once that is accepted you have to file the DS-230 and I-864, along with other steps, the police certificate, medical exam, etc. Then you will have an interview at the US Embassy.

It took us 5 months from start to finish. A friend just did it this summer and it took them 6 months. 

allibally

kelly321:

One of the K visas (K3 maybe?) is meant for those who have already filed for residency but haven't gotten a decision yet. We needed a visa for DH for this summer, and first I thought that K visa was the right one, but then I found out you can only get it if you're in the process of applying for a green card.

Unless the information has changed lately the K3 is not the best option for a married couple. When we started they said they were going to stop K3 petitions all together. OP I think you need to see about direct consular filing DCF.

SBride1

Thanks for the info so far. We did file at the consulate in London. So if that is the case, he needs to stay until he can finish the process?

frlcb

SBride1:

Thanks for the info so far. We did file at the consulate in London. So if that is the case, he needs to stay until he can finish the process?

If you did DCF through the embassy in London then the answer is yes, he needs to stay in the UK.

Is there a reason you want to go earlier? He can't work until the DCF process is finished.  

SBride1

frlcb:

SBride1:

Thanks for the info so far. We did file at the consulate in London. So if that is the case, he needs to stay until he can finish the process?

If you did DCF through the embassy in London then the answer is yes, he needs to stay in the UK.

Is there a reason you want to go earlier? He can't work until the DCF process is finished.  

My visa expires the end of April, so I will have to leave then. We waited to do the application until November because that was when we were married for 2 years. I guess I will just book my ticket then and see what happens. Thanks so much for that info. Do you know why it is different if you don't go through the consulate?

frlcb

SBride1:

My visa expires the end of April, so I will have to leave then. We waited to do the application until November because that was when we were married for 2 years. I guess I will just book my ticket then and see what happens. Thanks so much for that info. Do you know why it is different if you don't go through the consulate?

It is a much l longer process if you don't do it through the consulate and I *believe* if you do it through the US then he still wouldn't be able to work either. Why did you wait until you were married 2 years? You could have applied earlier, you just would have had to reapply after a period of time in the US (we did this, a year I think). Anyway, you may have to return to the US on your own and then he can come when it is approved. 

I would check out www.visajourney.com 

allibally

frlcb:

SBride1:

My visa expires the end of April, so I will have to leave then. We waited to do the application until November because that was when we were married for 2 years. I guess I will just book my ticket then and see what happens. Thanks so much for that info. Do you know why it is different if you don't go through the consulate?

It is a much l longer process if you don't do it through the consulate and I *believe* if you do it through the US then he still wouldn't be able to work either.

Like she said it takes way longer! It took us ten months. I wish we could of done DCF but I had not lived long enough in Switzerland You still have to stay out of the US too. DCF pretty much gives priority to couples who have lived together for longer than 6 months outside of the US who then want to repatriate back to the US.

SBride1

frlcb:

SBride1:

My visa expires the end of April, so I will have to leave then. We waited to do the application until November because that was when we were married for 2 years. I guess I will just book my ticket then and see what happens. Thanks so much for that info. Do you know why it is different if you don't go through the consulate?

It is a much l longer process if you don't do it through the consulate and I *believe* if you do it through the US then he still wouldn't be able to work either. Why did you wait until you were married 2 years? You could have applied earlier, you just would have had to reapply after a period of time in the US (we did this, a year I think). Anyway, you may have to return to the US on your own and then he can come when it is approved. 

I would check out www.visajourney.com 

If we didn't wait the two years then we would have to pay again, more than $500, to change his status or something (and we didn't want to pay that if it just meant he may have to come a month or two later).

On our I-130 it said:

Notice to Persons Filing for Spouses, If Married Less USCIS Forms and Information

Than 2 Years 

Pursuant to section 216 of the Immigration and Nationality 

Act, your alien spouse may be granted conditional permanent 

resident status in the United States as of the date he or she is 

admitted or adjusted to conditional status by a USCIS officer. 

Both you and your conditional resident spouse are required to 

file Form I-751, Joint Petition to Remove Conditional Basis 

of Alien's Permanent Resident Status, during the 90-day 

period immediately before the second anniversary of the date 

your alien spouse was granted conditional permanent resident status.  

jbranden12

Yes, if you filed the I-130 petition directly through the consulate, then you will apply for the IR1 visa since you've been married for two years and wait until it is processed to enter the US. Good thing is, this will give your dh permanent residency immediately upon entering the US (good for 10 years until renewal). It is good that you waited. If you were married for less than 2 years you would be applying for the CR1 visa which is only good for two years and must have the conditions lifted. We just did this and it cost almost $600!

frlcb

SBride1:

If we didn't wait the two years then we would have to pay again, more than $500, to change his status or something (and we didn't want to pay that if it just meant he may have to come a month or two later).

On our I-130 it said:

Notice to Persons Filing for Spouses, If Married Less USCIS Forms and Information

Than 2 Years 

Pursuant to section 216 of the Immigration and Nationality 

Act, your alien spouse may be granted conditional permanent 

resident status in the United States as of the date he or she is 

admitted or adjusted to conditional status by a USCIS officer. 

Both you and your conditional resident spouse are required to 

file Form I-751, Joint Petition to Remove Conditional Basis 

of Alien's Permanent Resident Status, during the 90-day 

period immediately before the second anniversary of the date 

your alien spouse was granted conditional permanent resident status.  

I am aware of what it is, we went through it. We did DCF through London, applied in February, had our interview in August, moved in September. We then had to reapply to remove the conditions 2 years later (I couldn't remember if it was 1 or 2 years, we have been back 3 years). It is a moot point for you guys now, I was just curious! 

SBride1

Thanks ladies, I thought I had maybe done the best, but figured I would check. I guess I will book my ticket then, and see what happens. At least DH has a bunch of family here and a free place to stay for however long it takes.

SBride1

Do I need to be here for his interview?

frlcb

SBride1:

Do I need to be here for his interview?

No, you don't, only he does. 

SBride1

frlcb:

SBride1:

Do I need to be here for his interview?

No, you don't, only he does. 

Yay, that's what I was hoping for!