Advice on applying from outside the US

[Cora_ 0]

Hi,

 

I am looking for advice on the most time-efficient route for spousal settlement and what the practical process should be.

 

Background:

 

I met and married my partner in 1996.  I was on a standard visa-free visit to the US.  I am from the UK and they are a US citizen.  We have a US marriage certificate.

 

At the time, we were told that I had to return to the UK and apply to settle from there.  We did this and waited and waited. Eventually the processing centre said they 'lost' the application and it would take 18 months before they even opened a new one.  We gave up and decided instead to have my partner apply to settle in the UK.  That application process took one week!  My partner moved to the UK and eventually got their ILR and then citizenship.

 

Twenty-odd years later and we are looking to finally move to the US but are very confused and unsure about the process for getting my visa.  It seems the USCIS is no longer precessing I-130 applications outside of the US and the US processing centre used depends on the 'state the application came from'.  Taking these together it seems that we're expected to have my partner move back to the US first?  This would mean that they need to establish an address and income there, then make an I-130 application for me and we wait for that and the approval before I can join them.  A process which could take years.

 

Is this correct?  Is this what they seriously expect couples to do?  It feels like I'm missing something here which gives a humane immigration route, but I can't see it.  I can't imagine going over on a one-way ticket would go down very well at the border though?

 

Thanks for reading and any advice you can offer.

 

[Crazy Cat 41,981]

13 minutes ago, Cora_ said:

and the US processing centre used depends on the 'state the application came from'.

This is not accurate.  Service centers are assigned based on USCIS workload, not the location of the petitioner.

 

If you have exceptional circumstances such as a short term job re-location, etc, you can ask the local consulate to directly accept your I-130.  Otherwise, if filing from outside the US, the I-130 package should be sent to the Dallas lockbox per the directions here: https://www.uscis.gov/i-130-addresses .

US immigration is a long, tedious process.  A spousal visa filed to the Dallas lockbox or inside the US takes about 18-24 months from filing to visa in hand.

 

The Immigration process requires a great deal of knowledge, planning, time, patience, and money.  Luckily, you have found the best place on the internet for accurate information.

Edited March 11, 2022 by Crazy Cat

[Crazy Cat 41,981]

The guide section here on VJ is a good place to read up on the process.

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures, where topics about I-130 for spouse of USC are discussed ***

 

[Cora_ 0]

2 hours ago, Crazy Cat said:

This is not accurate.  Service centers are assigned based on USCIS workload, not the location of the petitioner.

Hi Crazy Cat.

This is even more confusing to me then as the USCIS website shows pretty wildly varying I-130 processing times for each centre.  If it was based on workload I'd expect the times to all be about the same, or no breakdown by location at all.  Why the variation?  I've even found immigration lawyer websites who say it does vary based on location and list which states go to which centres.

2 hours ago, Crazy Cat said:

The guide section here on VJ is a good place to read up on the process.

Thanks I'll have a look for that this evening.

[Crazy Cat 41,981]

20 minutes ago, Cora_ said:

Hi Crazy Cat.

This is even more confusing to me then as the USCIS website shows pretty wildly varying I-130 processing times for each centre.  If it was based on workload I'd expect the times to all be about the same, or no breakdown by location at all.  Why the variation?  I've even found immigration lawyer websites who say it does vary based on location and list which states go to which centres.

Thanks I'll have a look for that this evening.

USCIS routinely transfers petitions between service centers to balance workload also......I have never placed any confidence in those posted processing times.  Your residence location is absolutely not a factor.  We see a LOT of misinformation from attorneys here.

Edited March 11, 2022 by Crazy Cat

[*Snowdrop* 604]

2 hours ago, Cora_ said:

Hi Crazy Cat.

This is even more confusing to me then as the USCIS website shows pretty wildly varying I-130 processing times for each centre.  If it was based on workload I'd expect the times to all be about the same, or no breakdown by location at all.  Why the variation?  I've even found immigration lawyer websites who say it does vary based on location and list which states go to which centres.

Thanks I'll have a look for that this evening.

 

It used to be years ago that the initial petition had to be sent to a specific service center based on the US petitioner's US address, then they started getting everyone to send it to a central lockbox, and it was sent from there to a specific center - to begin with it was still divvied up based on petitioner location. But even then sometimes they sent it to one service center and then sent it to another one after a few months if the workload was swamped in one particular place.

 

We were horribly unlucky in 2007 during a major backlog event - our file went first to the Vermont Service Center where it sat for TEN Months with no one touching it - they then sent it to the California Service Center and it was processed in two weeks. 

 

Unfortunately you have missed the golden DCF time where UK/USA couples living in the UK could apply directly to London and get it all done in less than 12 weeks! However your husband doesn't have to go back straight away - as other people are saying the process is going to take 12+ months. It could be longer, it could speed up but prepare for the worst. It does give you loads of time to get everything in order and really save up some money to help with the transition.

 

So I'd recommend getting the application sent in asap, and then once you have the NOA2 back have your husband start collecting his proof of intention to re-domicile - he can do some of that before the NOA2 as well. US bank account - US drivers licence - up to date taxes etc. As you get closer to the interview if he can get a US job offer, mortgage, lease etc, kids enrolled in schools that sort of thing, you'll be able to go to the interview with evidence of his intention to go back to live in the USA (it's to stop people using the spousal visa as a way to go live in the US without the US spouse)

 

If your evidence looks good that he's re-establishing his life in the USA you might not have to spend any time apart before you get the visa, London isn't always as strict on this as some other consulates. But be prepared that they might want to see more - so he might need to go back over a month or so before you. 

 

 

 

Edited March 11, 2022 by *Snowdrop*