Advice Needed regarding i-130 application

[LH16 0]

Hello i am married to a US citizen, we wed in September I have known him ten year. We started our visa application this January it is currently at to Nebraska centre getting processed. Initially as a couple we felt thw best route for us to take was to get my spouse visa application up and running so when I was finished with university in June, I live in the UK.  We were hoping when iam done with university  that we maybe a little closer to the USA visa process been completed and accepted, so we can  begin living our lives together more permanently. However in the mean time my husband and I have thought of another option which, is for him to apply for a visa and attempt to come to the UK .. However we do not want to scrap our application fo the USA visa nor do we want to lose out on money we spetd.... soooo my question is does anyone know if for example my husband was granted the visa to come and live and work in the UK, if we can still also keep my visa in process and if I am successful can I still go to America to finalise the immigration process and get my visa or would I then be required to stay in the country for a period of time or could I come back home and still have my visa granted in my husbands home country ? as we may then go live there in the future. We just don't know what to do for the best right now and we don't want to scrap the 1-130 application as, we maybe unsuccessful at getting a visa for him to settle in the UK but at the same time wer were unaware if we could keep the process up and running if in the meantime he was here in the UK. I hope that makes sense ...

 

Thank you for reading

Edited February 20, 2017 by LouiseHarris2016

[Ryan H 3,925]

To get the semantics out of the way first, the I-130 is a petition form, not an application form (your US Citizen spouse filed a petition, he did not apply for anything).

 

Your husband can apply for a UK visa (provided he meets those requirements which I've heard are more strict than US Immigration) without adversely affecting the process that was started for you with US Immigration.

[LH16 0]

Ye I understand it's not an application that was a slight mistake in wording. I wasn't asking if he was able to apply for a visa whilst mine was processing what I was asking is, if mine was granted as well as his also in the UK .. what happens because do I then have to go over to America for a period of time to allow my vida to be active or can I still have this visa for USA and stay in the UK also

[JFH 12,196]

If you are successful in the spouse visa process for you, you will be issued with a CR-1 visa which will have an expiry date on it which is exactly 6 months after the medical. You MUST enter the USA before this date or the whole thing will be invalid and you will have wasted a lot of money. You theoretically can leave the USA the very same day. However, to maintain your LPR status your primary residency must be in the USA. That usually means that you must spend no more than 6 months of each year out of the country. 

[AstroCanada 206]

Bit of a confusing post, but you can indeed delay things once you reach the NVC center stage.  Up to a year essentially.

[LH16 0]

Thank you I am sorry it was hard to explain but this is what I was getting st I didn't want to scrap my visa sponsor ship to the USA just in case things fell through with my husband application for a UK settlement visa but if I can delay it once it reaches nvc stage thay would be really helpful 

[JFH 12,196]

7 hours ago, LouiseHarris2016 said:

Thank you I am sorry it was hard to explain but this is what I was getting st I didn't want to scrap my visa sponsor ship to the USA just in case things fell through with my husband application for a UK settlement visa but if I can delay it once it reaches nvc stage thay would be really helpful 

Yes. The NVC has a "one year contact" rule. In other words, they will wait a year to hear from you once they notify you that your case has been received and is ready for processing. If they don't hear from you for a year, they close the case. Most people contact them immediately, for obvious reasons, but there have been cases where people have delayed it due to graduating, having a baby, medical or financial reasons, amongst others.