Can we still apply for the CR1?

[bodach 0]

I'm a UK citizen, my wife is a US citizen, and I think we've screwed up. Last year I was in the US on a J visa and we got married while I was there with the intention of coming back to the Europe. However, since then things have changed and we're now looking to go back to the US. Is it still possible to do this? We've been living in the UK together for 6 months (with proof, both our names are on the lease) though she is due to return to the US in April. Would it be worth filing the paperwork with the London office, or would she need to be here for the whole time? Or can we file the paperwork in the US now, even though she won't be back there for a couple of months?

The other alternative would be for me to find sponsorship through work, I have an MSc and research experience, and the possibility of a job in the US. Which would be faster?

This whole thing is pretty confusing, so far today I've thought I should be applying for the K1, K3, CR1, IR1

[lost_at_sea 995]

Hey, check out my guide.

http://www.visajourney.com/wiki/index.php/DCF_London

You should be able to DCF, assuming your wife is in the UK on an appropriate visa.

If you're already married, you can't apply for the K1. That's for unmarried couples. If you've been married less than 2 years at the time of visa issuance, you'll be a CR-1, if you've been married more than 2 years, you'll be an IR-1 (applying for CR/IR is the same process, but a CR only gets a 2 year conditional green card and must remove conditions to receive their 10 year GC. IR's get their 10 year straight away).

Work visas are limited quota visas, and would entail finding a company that would sponsor you. Moving as a US spouse is probably the easier route and will give you more options down the line for where you want to work and live.

Edited February 28, 2014 by lost_at_sea

[bodach 0]

Thanks, that's a really helpful guide.

It looks like we won't be able to DCF, my wife is on a tourist visa in the UK: we originally intended to move to the Schengen Zone and I currently don't meet the requirements for a UK visa. Is the DCF significantly faster though? Do you know would it be possible to do the DCF in Ireland, or another EU country other than the UK?

[lost_at_sea 995]

Thanks, that's a really helpful guide.

It looks like we won't be able to DCF, my wife is on a tourist visa in the UK: we originally intended to move to the Schengen Zone and I currently don't meet the requirements for a UK visa. Is the DCF significantly faster though? Do you know would it be possible to do the DCF in Ireland, or another EU country other than the UK?

Ah, right. Yes, you can't follow DCF if the USC is only in the country as a tourist. That'll likely apply for other EU countries too (there's only a tiny handful that do DCF, anyway) and you'll also have to meet their residency requirements (most insist on a minimum of 6 months legal residency).

No DCF in Ireland. This is the list of DCF locations: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

You'll instead have to file the I-130 via the USA. You can do it while you're living abroad, and you (the UK citizen) can move once you have the visa in your passport, and you'll be able to make visits to the USA in the meantime. The guide you should follow is here: http://www.visajourney.com/content/i130guide1

Start to finish the process takes about a year, filing via the USA. DCF is considerably faster, but you don't qualify, so there's no real reason to do the comparison.

Edited February 28, 2014 by lost_at_sea

[bodach 0]

I was afraid it was going to take that long.

I have a job offer from Germany, so I'm going to look into that - it's better than spending a year doing nothing and waiting. I'm also going to look into employer sponsorship, I guess it can't hurt to see if it will help

[lost_at_sea 995]

I was afraid it was going to take that long.

I have a job offer from Germany, so I'm going to look into that - it's better than spending a year doing nothing and waiting. I'm also going to look into employer sponsorship, I guess it can't hurt to see if it will help

For sure. If you want to go settle in Germany for a while and take the job there, and your wife can get residency there, then coming back to the USA shouldn't be too bad - DCF in Frankfurt seems to take 4 - 6 months, judging from posts I've seen on here (although that's after you've met the minimum residency time).

Edited February 28, 2014 by lost_at_sea