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Andy H

Can my wife wait here with me?

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We sent our I-130 yesterday (August 3rd, 2010), and now the wait begins.

My wife was here in the UK with me from January 8th until June 24th. Nearly 6 months. Would my wife be allowed to come to the UK again so we can do most of the waiting together here in the UK? I am worried because I know that she can only stay for 6 months but does this mean 6 months at a time or 6 months within a 12 month period?

Thanks

Andy and Alicia


Silence is golden, but Duck tape is silver.

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UK is much easier than US, but this would be pushing it. You have the option of a settlement visa if you want to be sure.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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We sent our I-130 yesterday (August 3rd, 2010), and now the wait begins.

My wife was here in the UK with me from January 8th until June 24th. Nearly 6 months. Would my wife be allowed to come to the UK again so we can do most of the waiting together here in the UK? I am worried because I know that she can only stay for 6 months but does this mean 6 months at a time or 6 months within a 12 month period?

Thanks

Andy and Alicia

It's my understanding that both are true. She's not supposed to stay for longer than 6 months per calendar year, but she also can't stay for longer than 6 months at one given time. For example, she couldn't come in October and stay until the following May, even though, technically, she hasn't spent more than 6 months of each year there. I'm pretty sure it's calendar year and not a 'rolling year' but I could be wrong. If she's going to attempt it without getting some type of UK visa, she should be ready to show the I-130 application as proof that she intends to return to the US and maybe you could write a letter of financial support for her to have that explains the situation? In the end it'll be up to the particular UK immigration officer though and she should be prepared for possible denial. Good Luck!


USCIS

02-25-11 Sent I-130

03-01-11 NOA1 Priority Date

03-04-11 NOA1 Email/text

03-07-11 Check cashed

03-09-11 NOA1 hard copy

06-16-11 NOA2 Email/text (107 Days! Yaay!)

06-21-11 NOA2 hard copy

Detour

06-21-11 Informed USCIS of their error: they wrongly thought we were adjusting status so they held the petition and didn't forward it to NVC

06-30-11 Expedited service request granted to forward petition to NVC

08-02-11 Congressional Inquiry to get USCIS to finally forward petition to NVC

08-05-11 USCIS admits our file was routed to National Records Center and will expedite its return and forward to NVC

08-23-11 Congressman's office informs me that file is FINALLY on its way to NVC! Woohoo!!

NVC

08-22-11 Received by NVC

09-19-11 Case # Assigned. Emailed DS-3032.

09-22-11 AOS Bill Invoiced/Paid. DS-3032 Received. Emailed DS-3032 again.

09-26-11 AOS Invoice marked Paid. I-864 Mailed. DS-3032 Accepted.

09-27-11 IV Bill Invoiced/Paid.

09-28-11 IV Invoice marked Paid. DS-230 Mailed. I-864 Delivered.

09-30-11 DS-230 Delivered. NVC operator says I-864 approved!

10-06-11 Medical

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This is sort of kind of off topic, but relevant at the same time.

How is your wife going to sign an affadavit of support if she is living and not working in England? I mean, if she is independantly wealthy, let me know, cause I will do housework for electronics...LOL.

In all seriousness though, if she is not working, and doesn't really have any ties to home, I doubt they would let her in for that long. Aside from that, the wait is likely to be more than a year, so it's not likely that she will be able to wait with you the whole time anyway.

I was harassed in Manchester because I flew there instead of to Edinburgh (hello cheap flights...), and that was JUST to visit for 2 weeks. I wasn't even asking for months and months. 2 weeks! It probably didn't help that I was up for about 19 hours straight at that point, with a severly sprained back, a nicotine craving, and a morning grumpy-iness attitude...LOL.


"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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This is sort of kind of off topic, but relevant at the same time.

How is your wife going to sign an affadavit of support if she is living and not working in England? I mean, if she is independantly wealthy, let me know, cause I will do housework for electronics...LOL.

In all seriousness though, if she is not working, and doesn't really have any ties to home, I doubt they would let her in for that long. Aside from that, the wait is likely to be more than a year, so it's not likely that she will be able to wait with you the whole time anyway.

I was harassed in Manchester because I flew there instead of to Edinburgh (hello cheap flights...), and that was JUST to visit for 2 weeks. I wasn't even asking for months and months. 2 weeks! It probably didn't help that I was up for about 19 hours straight at that point, with a severly sprained back, a nicotine craving, and a morning grumpy-iness attitude...LOL.

Along the same lines - be very careful with 'domicile'. The sponsor must be 'domiciled' in the US

It came up and bit us at the last moment as we were living in the UK. She got a UK green card in chicago at the UK Consulate in 20 minutes flat simply on grounds of being married to me !

She just scraped in as US domiciled as she kept her bank accounts in the US AND she paid State tax in Wisconsin

Without the Wisconsin State tax return, my US green card would have been denied on the grounds of the US sponsor not being US domiciled.

You can cover this risk by reading all about it and covering the requirements by various means.

ps if she had previously lived in a non income tax State such as washington state or florida, we would have been snookered.

Edited by saywhat

moresheep400100.jpg

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She would not be here for the duration of the wait, probably just from the end of september until january. We already know that we will be using a co sponsor and her father is doing this, he said if she is in the UK when anything arrives that he wil send it out to us priority mail and we will return it priority mail.


Silence is golden, but Duck tape is silver.

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She would not be here for the duration of the wait, probably just from the end of september until january. We already know that we will be using a co sponsor and her father is doing this, he said if she is in the UK when anything arrives that he wil send it out to us priority mail and we will return it priority mail.

ok dont give me anything to chew on - keep it simple or the whole thing gets bogged down...

the slightest 'not normal' situation makes em reach for some obscure rule so don't give em chance.


moresheep400100.jpg

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I know we are not unique but it just seems pretty inhumane to expect married couples to spend all that time apart.

Thanks for the advice

No, what is inhumane in my opinion is not giving you a "pre-approved" status before you go over. A really cimple automated website would solve this problem.

List all dates of visitation in the last year.

YES! You met the requirements.

No! You must wait until XXXXX date to return.

Problems solved.

Edited by Rob and Jill

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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I know we are not unique but it just seems pretty inhumane to expect married couples to spend all that time apart.

Thanks for the advice

Unfortunately, humanity is not in the vocabulary of the US immigration process. Most of us here on VJ could be called "insanely jealous" that you two have the freedom to travel and spend that much time together while waiting out the process.


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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^^Pretty much.

Some people don't see each other at ALL during the process because the foreign beneficiary wouldn't be allowed in the US or they don't have enough money to visit or the US person can't get time off work.

And those put into AP can wait years on a decision...

So while we all know how hard it is to be away from one another, in comparison to others on this visa journey, count your blessings.


Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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