Help desperatly needed

[Brooks03 0]

American wife (applicant) trying to figure out the best way to apply for her British husband (beneficiary) to live in the US

Relationship began: 11/27/11
His first US visit: 6/9/14
Married in the US: 7/15/15
Applicant moved to UK: 2/22/16
Applicant moved back to US: 10/16/18

So here goes nothing:
Back in 2011 I met my husband on an app for sharing things anonymously. We started speaking regularly for a few months but broke things off for about two years. In December 2013 we rekindled and  in June 2014 we met for the first time face to face when I picked him up at the airport for a ten day trip to be my date for my sisters wedding. 

Fast forward though a year of flying back and forth spending thousands on trips to see each other, we decided to get married. On July 15, 2015 we got married outside the courthouse of a small town in Massachusetts with a JP and two witnesses. We shortly after applied for me to live in the UK and were granted a spouse visa for 2.5 years there. I moved on February 22, 2016 and we lived happily in a flat above a shop in a small village in Oxfordshire. 

Our fairy tale came to a grinding halt when a few months before my visas expiry date my mother in law was diagnosed with terminal cancer. After much consideration and a lot of weighing pros and cons, we decided it would be best for our future to not renew my visa and both move back in with our parents in separate counties to save money and prepare ourselves for a life in the US. My husband took care of his mother until she unfortunately passed away in February. 

We are now looking at our options to get him over here smoothly and swiftly. We don’t have children or any other assets so moving is a simple process for us. I also have a rock solid family support system for him to be welcomed into upon moving to the states. 

Option 1: I-130, could take 6-12 months but will allow him to work upon arriving in the US

Option 2: k3 visa, nonimmigrant but allows him to get here sooner, down side is we don’t know much about it and if we qualify and to be honest we cannot adore a lawyer and didn’t need one for the last visa. 

I want to be absolutely clear on our options and do whatever has the most successful chance and no hiccups. I’m aware that no two cases are the same but if anyone has any advice or experience with something similar please share it with us.

[Crazy Cat 41,976]

Eliminate option #2.  K3 visas are obsolete.  In 2018, only 6 were approved world-wide.  This year, there will likely be none approved......they are almost always administratively closed in lieu of a CR-1/IR-1......your only legal option is an IR-1 spousal visa.  Normal processing time is 12-15 months from submitting paperwork to visa in hand.  Visiting is allowed during the process.

Edited April 14, 2019 by missileman

[Boiler 45,653]

Option 2 is dead.

 

Option 1 is circa 15 months.

 

Lots of good info on here, I would start by reading the guides.

[Crazy Cat 41,976]

The immigration process requires a great deal of knowledge, planning, time, patience, and money.......you are in the best place to learn and discuss.......welcome and good luck!!

Edited April 14, 2019 by missileman

[Roel 7,192]

There is only one option and it wont be quick. Welcome to the immigration. Start looking into the cr1 visa. 

[payxibka 10,045]

1 hour ago, Roel said:

There is only one option and it wont be quick. Welcome to the immigration. Start looking into the cr1 visa. 

IR as marriage is 4 yrs old 

[dun3lm 13]

You might consider moving back to the UK and doing a Direct Consular Filing to bring him to the US. Much quicker than the normal IR process. 

[pushbrk 12,968]

4 hours ago, dun3lm said:

You might consider moving back to the UK and doing a Direct Consular Filing to bring him to the US. Much quicker than the normal IR process. 

Quicker from filing to visa, but must live there six months before filing.  If working in the US and sponsorship issues are important, it's a non-starter.  No posts in this thread for the last three weeks also.

 

See big picture related quote in my signature.