I-130 US Residency for foreign Spouse Questions!!!

[bbauer26 0]

Hello all!

 

Thank you in advance to any and all responses to this thread. 

 

My husband currently lives in the UK. We are attempting to make a change in our living situation. We've been married since November 2018 (filed form in Feb). Ideally we would like him to move here, start a family and our life together. However, we are nervous because we clearly don't have the approved paperwork as of yet. He has a travel visa, but we would like to avoid having him leave the country every 90 days, quitting his current job before he needs to, and getting here and not being able to work etc. 

 

So my questions are as follows:

 

1. Is there any way to get a more concrete timeline on this paperwork? I've tried messaging, calling, etc. all to no avail. Zero phone call answers. Zero email responses. 

2. Will he be able to work in the US when/if his I-130 is approved? 

3. Can he live here BEFORE the paperwork is approved, even if he isn't working? *Would it be advisable to apply for some sort of work visa in the meantime?

 

We're really trying to do everything by the book, but (as I'm sure you know) this process is lonely, complicated, and extremely frustrating!

 

I am open to any and all suggestions/advice to make this process run more smoothly! Please share your wealth of knowledge with me!

 

THANK YOU so much! Your responses are GREATLY appreciated. 

 

[Just Paul 4,595]

You need to file an I-130/I-130A package.  He would not be able to work in the US while awaiting the spousal  VISA.   If he gets a job offer they would sponsor his work Visa. 

He can visit as allowed under VWP.   He needs to show ties and a reason to return to the UK.

 

It is a long process but many here have made it thru it.

[JulianaSteve 25]

23 minutes ago, bbauer26 said:

Hello all!

 

Thank you in advance to any and all responses to this thread. 

 

My husband currently lives in the UK. We are attempting to make a change in our living situation. We've been married since November 2018 (filed form in Feb). Ideally we would like him to move here, start a family and our life together. However, we are nervous because we clearly don't have the approved paperwork as of yet. He has a travel visa, but we would like to avoid having him leave the country every 90 days, quitting his current job before he needs to, and getting here and not being able to work etc. 

 

So my questions are as follows:

 

1. Is there any way to get a more concrete timeline on this paperwork? I've tried messaging, calling, etc. all to no avail. Zero phone call answers. Zero email responses. 

2. Will he be able to work in the US when/if his I-130 is approved? 

3. Can he live here BEFORE the paperwork is approved, even if he isn't working? *Would it be advisable to apply for some sort of work visa in the meantime?

 

We're really trying to do everything by the book, but (as I'm sure you know) this process is lonely, complicated, and extremely frustrating!

 

I am open to any and all suggestions/advice to make this process run more smoothly! Please share your wealth of knowledge with me!

 

THANK YOU so much! Your responses are GREATLY appreciated. 

 

Hi there. My process is taking now 1 year and 4 months (CR1 visa).

 

You can not live or working in the US based on a Visa in progress. 

 

Before the I-130, you have the NCV and next the Embassy step.

 

Is a long process and you guys need to find the better way to maintain the calm!!

Best wishes!!

[USS_Voyager 1,972]

36 minutes ago, bbauer26 said:

1. Is there any way to get a more concrete timeline on this paperwork? I've tried messaging, calling, etc. all to no avail. Zero phone call answers. Zero email responses. 

Right now the processing timeline for I-130 is probably 8-12 months. They will not respond to inquiries if you’re within normal processing times. You can check processing times on USCIS website for your specific service center that is processing your case. Also check out the guides in this forum, really research and be familiar with the steps and the whole process, because after the I-130 is approved and transferred to the NVC, things will go faster but much will depend on how well you prepare the documents.

 

36 minutes ago, bbauer26 said:

2. Will he be able to work in the US when/if his I-130 is approved? 

No. The I-130 by itself gives him nothing. 

 

36 minutes ago, bbauer26 said:

3. Can he live here BEFORE the paperwork is approved, even if he isn't working?

No, he cannot live here. He can visit for up to 90 days and he needs to comply with the terms of the ESTA program with is a huge benefit he is able to avail as a UK citizen. Many other hundreds of thousands of couples who live in places where they can’t visit/meet very easily or not at all. 

 

36 minutes ago, bbauer26 said:

Would it be advisable to apply for some sort of work visa in the meantime?

He can if he qualifies. However pretty much any work visa program in the US requires an employer sponsoring and the process can take long as well. There is the L1B work visa for intra-company transfer if his current company in the UK has a US branch and if he’s allowed to transfer to the US branch, that’ll work.

36 minutes ago, bbauer26 said:

We're really trying to do everything by the book

Well, there is no other way but the book. I mean, the only other way I can think of is to take a flight to Mexico and swim across the Rio Grande

 

36 minutes ago, bbauer26 said:

this process is lonely, complicated, and extremely frustrating!

Complicated and frustrating, yes, and you can add expensive, slow, difficult, but probably nit lonely. If it makes you feel better, as mentioned, there are hundreds of thousands of other couples out there on the exact same boat as you are, some of the haven’t been able to see each other for years. Think about the reward at the end though, the moment you’ll meet him at the airport knowing this time he’ll stay for good!

Edited August 28, 2019 by USS_Voyager

[carmel34 3,639]

Your I-130 petition can take up to a year to be approved, I see you got Nebraska Service Center, and they are taking a very long time to review petitions.  Then after the I-130 petition is approved there will be another 4+ months for NVC, uploading more documents, DS-260 online, scheduling the visa interview, etc.  If you filed the I-130 in February, your process might be concluded as soon as six months from now, but with Nebraska as the service center, more likely it will extend to seven, eight, or more months.  Hang in there and visit each other as often as you can during the process.  Good luck!

[Ryan H 3,813]

On ‎8‎/‎27‎/‎2019 at 8:08 PM, bbauer26 said:

So my questions are as follows:

 

1. Is there any way to get a more concrete timeline on this paperwork? I've tried messaging, calling, etc. all to no avail. Zero phone call answers. Zero email responses. 

2. Will he be able to work in the US when/if his I-130 is approved? 

3. Can he live here BEFORE the paperwork is approved, even if he isn't working? *Would it be advisable to apply for some sort of work visa in the meantime?

 

Answers:

1. No
2. No
3. No
   1. Chances of obtaining a work visa are next to nil.

[bbauer26 0]

4 minutes ago, Ryan H said:

 

Answers:

1. No
2. No
3. No
   1. Chances of obtaining a work visa are next to nil.

Well thank you for your sensitivity and clarity. Very helpful.