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Posted

Hi all,

I was hoping to get some feedback or advice on my status and plans! 

 

A quick explainer:

Wife is USC, I am Australian and we are both UK Residents. 
I-130 submitted on May-21. No Response yet.
Consular interview location selected at London.
Wife starts new job in US around August 22 (I will accompany to help set up).


Now after my wife moves to the US, we will not have a real reason to stay in the UK as I'll quit my job and our lease is up anyway! The only thing tying us back to the UK is the pre-selected location for the interview. 

Is it feasible to change the location to another embassy/consulate? For example after I help set up in the US and with the expiration of 90 day ESTA I would prefer to fly back to Australia to be with family and try and find a quick source of temporary income. 
My fear is that changing anything with the application process will result in staggering delays and pain.

My ideal scenario would be, I-130 approved within 13/14 months (May or June 22) and a consular interview in 3 months after the fact which means a quick 1 week trip back to the UK for an interview and a pint then back to Freedomland with my GC. 

The threats to my plan are extra delays in i-130 processing and issues with buying a 1 way ticket to the US (as I won't know what date to fly back to the UK for the interview).

It should be noted we have an immigration lawyer, though truth be told, they do not inspire confidence.  

Thanks everyone. 
 

Posted (edited)
55 minutes ago, navd-0 said:

Hi all,

I was hoping to get some feedback or advice on my status and plans! 

 

A quick explainer:

Wife is USC, I am Australian and we are both UK Residents. 
I-130 submitted on May-21. No Response yet.
Consular interview location selected at London.
Wife starts new job in US around August 22 (I will accompany to help set up).


Now after my wife moves to the US, we will not have a real reason to stay in the UK as I'll quit my job and our lease is up anyway! The only thing tying us back to the UK is the pre-selected location for the interview. 

Is it feasible to change the location to another embassy/consulate? For example after I help set up in the US and with the expiration of 90 day ESTA I would prefer to fly back to Australia to be with family and try and find a quick source of temporary income. 
My fear is that changing anything with the application process will result in staggering delays and pain.

My ideal scenario would be, I-130 approved within 13/14 months (May or June 22) and a consular interview in 3 months after the fact which means a quick 1 week trip back to the UK for an interview and a pint then back to Freedomland with my GC. 

The threats to my plan are extra delays in i-130 processing and issues with buying a 1 way ticket to the US (as I won't know what date to fly back to the UK for the interview).

It should be noted we have an immigration lawyer, though truth be told, they do not inspire confidence.  

Thanks everyone. 
 

You can change your consulate!

Once the I-130 is approved it moves to NVC.

Currently NVC is taking about 75 days to review documentation.You submit the DS260 and all supporting documents and hope you get DQ'ed first time round.

 

For London, the DQ to interview turnaround is fairly quick.

 

If you want to interview in Australia, you'll need to request a change of consulate.

  • If your petition is being processed at the National Visa Center (NVC), contact the NVC to request the transfer.  NVC will transfer cases to another IV processing post if parties provide a written request along with the address in the requested country and the proof of eligibility (citizenship/legal residency in the requested country or other documentation). This can be provided at https://nvc.state.gov/inquiry.  In limited circumstances, NVC may need to contact you for additional eligibility requirements.  Note that transferring your case might not result in immediate processing as cases are processed in order based on the date the case became documentarily qualified. 

 

Here is the thread to follow for updates on interviews in Australia. 

 

Return ticket is 100% required for ESTA. I would buy a ticket that allows you to change the return date. 

 

ETA: You want to keep up to date with timelines for those interviewing in Australia and the UK. Sometimes medical appointments are hard to snag so 1 week might not be enough time for medical, interview, and visa issuance. 

Edited by ROK2USA
Posted

Who is eligible to submit an application?

You are eligible to apply for admission under the Visa Waiver Program (VWP) if you:

  • Intend to enter the United States for 90 days or less for business, pleasure or transit
  • Have a valid passport lawfully issued to you by a Visa Waiver Program country
  • Arrive via a Visa Waiver Program signatory carrier
  • Have a return or onward ticket

 

 

Posted
1 hour ago, ROK2USA said:

You can change your consulate!

Once the I-130 is approved it moves to NVC.

Currently NVC is taking about 75 days to review documentation.You submit the DS260 and all supporting documents and hope you get DQ'ed first time round.

 

For London, the DQ to interview turnaround is fairly quick.

 

If you want to interview in Australia, you'll need to request a change of consulate.

  • If your petition is being processed at the National Visa Center (NVC), contact the NVC to request the transfer.  NVC will transfer cases to another IV processing post if parties provide a written request along with the address in the requested country and the proof of eligibility (citizenship/legal residency in the requested country or other documentation). This can be provided at https://nvc.state.gov/inquiry.  In limited circumstances, NVC may need to contact you for additional eligibility requirements.  Note that transferring your case might not result in immediate processing as cases are processed in order based on the date the case became documentarily qualified. 

 

Here is the thread to follow for updates on interviews in Australia. 

 

Return ticket is 100% required for ESTA. I would buy a ticket that allows you to change the return date. 

 

ETA: You want to keep up to date with timelines for those interviewing in Australia and the UK. Sometimes medical appointments are hard to snag so 1 week might not be enough time for medical, interview, and visa issuance. 

Thanks for the reply.

It seems like the Embassy and Consulate staff in Australia are really backed up and behind. I guess that means I'll stick to the UK! I guess i'll be forced to book an back and forth trip between the UK and the US, oh well. The pain, stress and expense will only prepare me for my new American life lol. 

 

Posted

Your timeline is similar to mine: I-130 also submitted in May 21, at Potomac Service Center, and has been "actively reviewing" since 23 Sep 21, no further updates since then.

 

My husband is from the UK and we're also both UK residents (I'm the USC).  Fortunately we don't have the drama of trying to time our move with a new job, I hope this works out for you both.

 

Once you're past the I-130 (hopefully soon) were you expecting any difficulty with the I-864 since your wife is living overseas, assuming you're not using a co-sponsor?

Posted
On 5/25/2022 at 5:37 PM, jjcantab said:

Your timeline is similar to mine: I-130 also submitted in May 21, at Potomac Service Center, and has been "actively reviewing" since 23 Sep 21, no further updates since then.

 

My husband is from the UK and we're also both UK residents (I'm the USC).  Fortunately we don't have the drama of trying to time our move with a new job, I hope this works out for you both.

 

Once you're past the I-130 (hopefully soon) were you expecting any difficulty with the I-864 since your wife is living overseas, assuming you're not using a co-sponsor?

Got approved today for our i-130, so fingers crossed you hear soon! I am not familiar with the I-184 but it seems to another generic form asking for more personal information, we have hired a lawyer so hopefully they can guide us through the process. 

 

I don't think there should be any issues with finances as my wife will be employed and we do have savings. 

 

Posted

Congratulations on getting past the I-130!

 

Indeed will expect your lawyer will help with the I-864.  This is the one where your wife (or another USC) pledges to "support" you so you don't become a public charge.

 

I've been a bit apprehensive about that one as I've lived in the UK for a long time so will need to provide good support that I'm serious about moving back to the USA -- it's more straightforward for sponsors who are already living in the US than it is for USCs living abroad.  I'm planning on moving before securing a job offer.

 

Sounds like your wife's job offer will provide a strong form of evidence for you two.

Posted
5 minutes ago, jjcantab said:

Congratulations on getting past the I-130!

 

Indeed will expect your lawyer will help with the I-864.  This is the one where your wife (or another USC) pledges to "support" you so you don't become a public charge.

 

I've been a bit apprehensive about that one as I've lived in the UK for a long time so will need to provide good support that I'm serious about moving back to the USA -- it's more straightforward for sponsors who are already living in the US than it is for USCs living abroad.  I'm planning on moving before securing a job offer.

 

Sounds like your wife's job offer will provide a strong form of evidence for you two.

You can ask a family member to be a joint sponsor and write a letter stating your intention of moving back to the US with some proof (voting record, US bank account, drivers license) do a search on this forum for "intent to re-establish domicile" and you should find successful cases of people out of the UK successfully petitioning their foreign national spouse~ 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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