What options exist for being together while we await I-130?

[TiffnTom 0]

Hello! My husband and I are newly signed up to the forums, although we have been reading them for months. I am a USC and he is from the UK. We were married in November 2011 and filed the I-130 in december. We received the NOA1, but have not yet received the NOA2. My question is in regards to the flexibility in my travel to the UK while we await the I-130.

My husband is working in the UK and I just came back to the US from the UK after a 5 week visit. I am planning to return to the UK after only being gone for 3 weeks and am planning to stay for 5 months. My ticket is already purchased. I will not be working while in the UK, but of course I would like to. Is it possible to obtain a UK spousal visa that would allow me to work there while the I-130 is pending? Spousal visas to the UK are much more readily obtainable than those to the US, but I don't know how such an action would effect the I-130. We are just looking for any way to be together while we wait without simply flying back and forth all the time. It does not seem like there are any good options for the waiting period. We considered the K3, but based on what we've read here and elsewhere, it doesn't seem like it's all that much quicker and it does seem to complicate matters. If anyone has any insight on ways to deal with this please let us know.

One other question - will my husband's travel to the US be restricted at any time during the processing? I understand that he will have to travel with proof that he will be returning to the UK, but is there any time during which he is actually barred from traveling?

Thank you so much for any help you can provide. I have never been so overwhelmed as I am when reading about this stuff....it sure ain't easy.

Best,

Tiff & Tom

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to UK regional forum.

[Slade&Natasha 7]

Spousal visas to the UK are much more readily obtainable than those to the US, but I don't know how such an action would effect the I-130.

USCIS won't care as long as you maintain a permanent home in the US (as described in many places on this site, could be anything from owning a house or car, to having a US-based phone or maintaining a current drivers license).

We considered the K3, but based on what we've read here and elsewhere, it doesn't seem like it's all that much quicker and it does seem to complicate matters.

K3 is dead. You're on the right track.

One other question - will my husband's travel to the US be restricted at any time during the processing? I understand that he will have to travel with proof that he will be returning to the UK, but is there any time during which he is actually barred from traveling?

Shouldn't be any restrictions, but make sure he doesn't overstay (ie 90 days under the Visa Waiver Program).

[uktousa 2]

You can get UK spouse Visa and their processing time is 2weeks to 3 months. Then you will b granted two years visa nd you can work if u want to on spouse visa,after that you can get permanent visa.

[benuk 18]

Hello! My husband and I are newly signed up to the forums, although we have been reading them for months. I am a USC and he is from the UK. We were married in November 2011 and filed the I-130 in december. We received the NOA1, but have not yet received the NOA2. My question is in regards to the flexibility in my travel to the UK while we await the I-130.

My husband is working in the UK and I just came back to the US from the UK after a 5 week visit. I am planning to return to the UK after only being gone for 3 weeks and am planning to stay for 5 months. My ticket is already purchased. I will not be working while in the UK, but of course I would like to. Is it possible to obtain a UK spousal visa that would allow me to work there while the I-130 is pending? Spousal visas to the UK are much more readily obtainable than those to the US, but I don't know how such an action would effect the I-130. We are just looking for any way to be together while we wait without simply flying back and forth all the time. It does not seem like there are any good options for the waiting period. We considered the K3, but based on what we've read here and elsewhere, it doesn't seem like it's all that much quicker and it does seem to complicate matters. If anyone has any insight on ways to deal with this please let us know.

One other question - will my husband's travel to the US be restricted at any time during the processing? I understand that he will have to travel with proof that he will be returning to the UK, but is there any time during which he is actually barred from traveling?

Thank you so much for any help you can provide. I have never been so overwhelmed as I am when reading about this stuff....it sure ain't easy.

Best,

Tiff & Tom

It's not easy hang in there come to the UK and be happy next to him!

[david'sgirl 134]

Hello! My husband and I are newly signed up to the forums, although we have been reading them for months. I am a USC and he is from the UK. We were married in November 2011 and filed the I-130 in december. We received the NOA1, but have not yet received the NOA2. My question is in regards to the flexibility in my travel to the UK while we await the I-130.

My husband is working in the UK and I just came back to the US from the UK after a 5 week visit. I am planning to return to the UK after only being gone for 3 weeks and am planning to stay for 5 months. My ticket is already purchased. I will not be working while in the UK, but of course I would like to. Is it possible to obtain a UK spousal visa that would allow me to work there while the I-130 is pending? Spousal visas to the UK are much more readily obtainable than those to the US, but I don't know how such an action would effect the I-130. We are just looking for any way to be together while we wait without simply flying back and forth all the time. It does not seem like there are any good options for the waiting period. We considered the K3, but based on what we've read here and elsewhere, it doesn't seem like it's all that much quicker and it does seem to complicate matters. If anyone has any insight on ways to deal with this please let us know.

One other question - will my husband's travel to the US be restricted at any time during the processing? I understand that he will have to travel with proof that he will be returning to the UK, but is there any time during which he is actually barred from traveling?

Thank you so much for any help you can provide. I have never been so overwhelmed as I am when reading about this stuff....it sure ain't easy.

Best,

Tiff & Tom

Your visit to the UK will not affect your CR1 visa. The CR1 is the way to go and the K3 is dead.It had been created to speed up the process but it didn't work. You are lucky to have the option of spending time with him over there. We relied on visits about every 6 weeks for a couple of days while we waited. It was difficult being apart but for half of our first year of marriage but we will have many more together. This whole process makes the relationship stronger because you feel like you made it through it together. He should be able to visit you here on VWP if the visa does not come through while you are over there. Best of luck!

[Alaska2012 462]

It will not be that easy for him to visit the US while you wait! Yes he will have to prove his intent to return to the UK but they can still deny him entry, they don't want to risk him getting a denial on his visa app while in the country and then decide to stay illegaly... The VWP is no guarantee to get in, they have their right to put him on next plane back to the uk...

[*Snowdrop* 604]

It will not be that easy for him to visit the US while you wait! Yes he will have to prove his intent to return to the UK but they can still deny him entry, they don't want to risk him getting a denial on his visa app while in the country and then decide to stay illegaly... The VWP is no guarantee to get in, they have their right to put him on next plane back to the uk...

It's true it's not guaranteed that he will be able to visit the US but most people visiting from the UK during both K1 and CR1 visa applications have had few issues. I visited my husband about 5 times while we were waiting for the visa to be processed - trips ranging from a weekend to almost 3 months.

I always had the stack of papers showing I had intentions to return (lease, letter from boss etc) but I was never asked for any of it. They only ever wanted to see my return ticket. I was always worried on the flight over which wasn't pleasant of course.

If you can go to the UK for that length of time then I would say go for it. You'll have a great appreciation of living in a strange country which will help you appreciate his point of view when you move to the US.

[Ellesse 11]

It's true it's not guaranteed that he will be able to visit the US but most people visiting from the UK during both K1 and CR1 visa applications have had few issues. I visited my husband about 5 times while we were waiting for the visa to be processed - trips ranging from a weekend to almost 3 months.

I always had the stack of papers showing I had intentions to return (lease, letter from boss etc) but I was never asked for any of it. They only ever wanted to see my return ticket. I was always worried on the flight over which wasn't pleasant of course.

If you can go to the UK for that length of time then I would say go for it. You'll have a great appreciation of living in a strange country which will help you appreciate his point of view when you move to the US.

Agree with this. Of course, there is no guarantee of entry as that is at the discretion of the CBP, and there is that worry, of course, but I didn't have any problems when I was travelling to the US before coming over here permanently. I brought evidence every time (which included the paperwork for the K1 petition) but was not asked for it either.

I think, also, if you have a visa application in process it shows that you're doing things the correct way, which actually can work in your favour.

L

[orangedesk 27]

I think, also, if you have a visa application in process it shows that you're doing things the correct way, which actually can work in your favour.

That's what I'm hoping for. My guy and I submitted our I-129F for the K1 visa about a month ago. We just booked his flight for him to fly here from London on Feb. 8 and stay for 87 days. He'll be bringing a copy of the I-129F submission, NOA1, letter from employer (his contract saying that he has to stay employed there until at least November 2012), utility bill, cell phone bill, bank statement, pay stub, return flight and evidence of medical insurance showing effective dates. He's also making sure to only take clothes in his suitcase, nothing that would show that he is planning on moving at this time. The only issue is that he canceled the lease on his house and is living with his parents while this whole thing is sorted. Perhaps he should have his dad draft up a lease?

I recently saw another posting about a UK woman who was turned away because of lack of ties to her home country which has made me very, very worried. She didn't say if she had filed for any visa, only that she was visiting a boyfriend. I'm really hoping you're right and the visa process will show that we're doing things legally.

[TiffnTom 0]

Thank you everyone for all of your encouragement! It is good to know there is so much solidarity in the visa journey community Although it is quite daunting to think of tackling yet another visa application....

So we thought of one more issue that we think might be pertinent and were wondering if any of you all had any thoughts. Do you think that going the UK visa route would impede any future efforts to immigrate to the UK? As in, if we get a UK visa for me and then are able to come over to America in perhaps 10 months or so - i.e., before the UK visa becomes a "permanently settled" visa - and then sometime years from now we decide we'd like to live & work for a bit in the UK, would our chances of being able to settle there be hindered by the previous visa history? My assumption is that we would just start again at square one with the UK visa, and while that might be a pain it is doable. We just want to avoid any situation that would keep us from visiting our families or possibly allowing our future children an opportunity to experience UK life altogether.

Thank you again for any advice you might have!

Tiff & Tom

[wee carrington 33]

Thank you everyone for all of your encouragement! It is good to know there is so much solidarity in the visa journey community Although it is quite daunting to think of tackling yet another visa application....

So we thought of one more issue that we think might be pertinent and were wondering if any of you all had any thoughts. Do you think that going the UK visa route would impede any future efforts to immigrate to the UK? As in, if we get a UK visa for me and then are able to come over to America in perhaps 10 months or so - i.e., before the UK visa becomes a "permanently settled" visa - and then sometime years from now we decide we'd like to live & work for a bit in the UK, would our chances of being able to settle there be hindered by the previous visa history? My assumption is that we would just start again at square one with the UK visa, and while that might be a pain it is doable. We just want to avoid any situation that would keep us from visiting our families or possibly allowing our future children an opportunity to experience UK life altogether.

Thank you again for any advice you might have!

Tiff & Tom

I don't see any reason why you would not be able to obtain another UK visa again. As you say, you'd just start back at the beginning and apply for a new, valid visa.