Please help, British Citizen living in the UK Married to wife living in the US

[johntrad 1]

Hi,

· I am a british citizen

· I married my wife on a B2 visa when I was in America last year for 5 months (I had to apply for a B2 visa, as opposed to using an ESTA due to my father overstaying when I was a minor and I was in his care, which resulted to me overstaying too but only as a minor. As an adult I have not overstayed)

· I have been married with my wife for just over a year (January 2015)

· I have known her for a few years prior to my visit and did not intend on marrying her when I got there.

· Since then I have only been able to see my wife in May 2015. When I went out to visit for 3 weeks.

· Since I had a B2 visa, I was questioned at the port of entry due to my first initial long visit (5 months) and was warned that I can not stay in the US longer than I have been in the UK with a B2 visa (basically, the visa should not be abused)

· From May 2015 til now (Feb 2016), I have not seen my wife and I miss her. We discussed her moving out here to the UK, but we decided that I will be moving there instead.

Thanks for reading my lengthy background, I hope my scenario has been made clear. I have a few questions that some of you may be able to help me with.

1. What is the process that I will have to take to move there? I believe I will need to file for a CR-1 Visa?
2. Will it be an issue since I haven't seen my wife since May 2015?
3. Is a lawyer necessary for this process?
4. And how long will this process normally take?
5. When/If the visa is approved is there a time frame where I am supposed to move?

Thanks again for the help and advice!

[JFH 12,190]

1. Your wife has to petition for you before you can do anything. She needs to start with the I-130 - follow the link to the guides at the top of the page.

2. No. You must prove a bona fide relationship but many here have not seen their spouse for a year or more.

3. No.

4. About a year

5. You must emigrate within 6 months of the medical examination at the end of the process.

[NikLR 13,227]

Here are some guides:

http://www.visajourney.com/content/i130guide1

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