UK to USA Confusion

[chb 9]

I am really sorry to ask a question where there is so much info already on the topic, but I am feeling so overwhelmed and confused by the whole process and the sheer amount of info out there. My husband (US citizen), myself (UK citizen), and our two boys age 2 and 5 (both dual US/UK citizens) currently live in the UK. We lived in the US from 2015-2018 but I relinquished my green card when we moved to the UK.

 

We have decided that after trying both, we much preferred life in the US and would like to move back. We would like to actually move in summer 2022 so that my son can start a new school year afresh. I have no clue what we even need to do other than file an I-130 to the London embassy and I really cant figure out when we should start the process in order to fit our plans as best as we can. 

 

Please can someone help me?

 

Thank you!

[Nitas_man 3,100]

We relinquished a card awhile back, it’s pretty straightforward.
 

File the I-130 now, and there are steps (NVC, medical, etc) where you can adjust timing of case processing to meet your summer target.  In our case we delayed the medical, police certificate, etc for a couple months because we were processed a little earlier than we wished.  

Edited March 17, 2021 by Nitas_man

[Dashinka 24,597]

Actually, your husband would file the I130 to USCIS, not the London consulate unless there is some sort of exceptional circumstances.  The processing time is varying widely, so if you want to move in the Summer of 2022, I would file the I130 as soon as possible.

 

Good Luck!

[chb 9]

Thank you this is so helpful!

 

I don't believe we have any exceptional circumstance. We are all living in the UK together currently and would like to avoid having to be separated for any amount of time if possible.

 

 

[Dashinka 24,597]

1 minute ago, chb said:

Thank you this is so helpful!

 

I don't believe we have any exceptional circumstance. We are all living in the UK together currently and would like to avoid having to be separated for any amount of time if possible.

 

 

Yes, Direct Consular Filing is not really a thing anymore unless there is an exceptional circumstances such as the USC spouse being transferred on short notice back to the States.  The general timing for the I130/IR1 is something like 12-14 months (some shorter, some longer), so best to file ASAP online.  As @Nitas_man stated, you can adjust some of the timing during the NVC/Consulate/Medical stage and once the visa is issued, you also have a 6 month window to actually use it.

 

Good Luck!

[chb 9]

That is fantastic news! Thank you!

 

One more question, we actually have a trip scheduled for Christmas this year to go over to the US and visit family for two weeks. Would we still be allowed to do this whilst we have forms etc processing for a move in 2022?

 

 

[Wuozopo 4,293]

39 minutes ago, chb said:

That is fantastic news! Thank you!

 

One more question, we actually have a trip scheduled for Christmas this year to go over to the US and visit family for two weeks. Would we still be allowed to do this whilst we have forms etc processing for a move in 2022?

 

 

Yes as long as you meet all the travel restrictions (entry from certain countries, Covid testing, etc.) at the time of travel and you have a valid ESTA. It is always wise to bring along any ties you have to the UK to convince a suspicious officer of your intent to return home. Most probably won’t be suspicious of a family on Christmas holiday to see the grandparents. 

[chb 9]

I wasn't sure whether to start a new topic or to add to this thread for continuity...

 

So my husband and I have filed the I-130 online and I am now researching what our next steps will be. We are both currently in the UK (plan to move to US summer 2022). I keep seeing a form mentioned online called the I-765. Will we need to file this along with our I-485 from the UK?

 

Thank you!!

[aleful 1,905]

hi

neither of them, those are forms to adjust status in the US  so neither of there are for your process

 

they aren't online and you file the i485 with the i765 and other forms when you are adjusting status in the US, if you qualify to do so

 

 

 

 

 

 

[chb 9]

Oh wow, I had this all totally wrong! Apologies for my confusion! I thought after the i130 we had to file i485 before we could move to the US. Any help with what our actual correct process should look like would be much appreciated. I am clearly so lost!

 

Thank you so much, the advice on this site is invaluable! 

[Wuozopo 4,293]

1 hour ago, chb said:

Oh wow, I had this all totally wrong! Apologies for my confusion! I thought after the i130 we had to file i485 before we could move to the US. Any help with what our actual correct process should look like would be much appreciated. I am clearly so lost!

 

Thank you so much, the advice on this site is invaluable! 

You will be seeking an IR1/CR1 spouse visa. When that visa is issued and you enter the US, you become a permanent resident a that moment. Your greencard will be mailed to you (hopefully) within a few weeks. Your visa process already gathered the required documentation to approve your greencard.

 

Now looking at the fiancé (K1) visa popular on this website as well. That simply allows the foreign fiancé admission to the US for 90 days in which to marry. There is no greencard attached. After the marriage, the foreign face must “adjust status” from a visa holder to a permanent resident (greencard holder). That is a new application process with form I-485 for the greencard and form I-765 for authorization to work in the US while waiting for greencard approval.  You don’t have to do that because those things are all rolled into your visa process. 
 

This website has a menu tab called “Guides”. That’s where you will find the various immigration processes and steps explained. Try this IR1/CR1 (spouse visa) guide for starters https://www.visajourney.com/guides/ir1-spouse-visa/

 

 

[chb 9]

Thank you so so much! This is really helpful.