Applying for Spouse Visa from UK vs from the States

[dylan and rose 0]

Hi Everyone, apologies if this is in the wrong place or if it has been asked before. So basically my wife and I have been together 7 years, married for 2 this May. she is American, i'm Irish.

We have moving to the States and booked a ticket to sail to the states on Dec 15th 2012. We both live in England. All my time has been taken up with selling my business and arranging the expensive boat ticket and i've only now realised what a lot of work is needed before I can legally be in the States!

So I am trying to find out whether it is better to apply for a visa from here and whether i will make it with the time we have left, or whether it's better to go in on another visa and apply once we are there?

Thanks in advance, and thanks for such a great forum

Dylan

Edited January 6, 2012 by dylan and rose

[Oksana & Max 94]

Since you are already married you need to apply for CR-1 Visa. It may take about 10-12 month to get this visa and sometimes longer. Setting a specific date not a good idea, as it may need to be moved due to the slow process or some other circumstances. CR-1 Visa is the only legal way to do it if you are planning to leave permanently in US. So get your docs in a row and submit ASAP. If your wife is currently living with you and legal to leave in England you might be able to file for DCF which is slightly faster, though make sure that London embassy actually have USCIS office. If it doesn't then you are in for a wait and have to file to the Chicago Lockbox.

Good luck on your journey.

Edited January 6, 2012 by Oksana & Max

[wee carrington 33]

If you wait to file in May (after your anniversary) you can save yourself some hassle. If approved you will be issued an IR-1 visa which is a 10 year green card upon entry of the US. You also would qualify to file DCF and you should get the visa in about 5 months which would coincide with your moving date.

Just an aside-- you will need to get police certificates from both ROI and the UK.

Edited January 6, 2012 by Mrs GH

[Penguin_ie 6,002]

If you wait to file in May (after your anniversary) you can save yourself some hassle. If approved you will be issued an IR-1

2 or 10 year greencard is actually decided on the date of immigration, not the date the petitioner files the I-130. So as long as this beneficiary enters the USA after the 2 year anniversary in May (which he will, with the December sailing), he'll get the ten year greencard sent to him after immigrating.

[dylan and rose 0]

Hi folks, thanks a million for the quick responses, So am I right in thinking that filing from England is the preferred option? I'd hate to miss this boat as it's flippin expensive and non refundable as far as i know. The good thing is there is unlimited baggage allowance and our cats can come too

Hi oksana and max, yes my wife is legal in England so thats not a problem..

Thanks mrs GH, I think also Holland and Australia (gulp) as I was quite the traveller!

So I guess my time would be best spent getting as much info together as possible and then filing in May?

And just to be totally clear there would be no advantage in travelling and then changing status once we are over there? Still trying to get head round all these form names and various options

Thanks

[dylan and rose 0]

ah read that too fast, yes penguin have now read that about the 2 year date so that takes the strain away a bit ;-) Will get on it soon as i can now.

swiss irish? the organised swiss and chaotic irish, you must be perfectly in balance then!

[Ryan H 3,926]

And just to be totally clear there would be no advantage in travelling and then changing status once we are over there?

That is a non-starter.